Archives: Children and Divorce
Paternity and Arithmetic
Published: Wednesday, December 11th, 2002
A recent District II Court of Appeals case, recommended for publication, addressed the difficult issue of biological versus psychological parentage. In an interesting decision involving what the court of appeals called “an unusual factual situation scenario”, the court upheld the result reached by the trial court, but for entirely different reasons.
Linkage Between Child Placement and Child Support Needs Clarification
Published: Wednesday, May 9th, 2001
Among the most difficult issues in family law is the interplay between the amount of time children spend with each parent and child support. No doubt, the more time a parent has the children, the higher the cost. Yet, where is the “breaking point” where additional time should result in a change in the child support?
The Shared-Time Payer and Variable Costs
Published: Wednesday, September 6th, 2000
In Randall v. Randall, when a court applies the shared-time formula for child support, it is also required to order the parties to share the variable costs for the children in the same proportion in which they share the children.
Removal After Kerkvliet
Published: Saturday, April 1st, 2000
Removal law has been gradually changing over the years, in an continuing effort to balance the rights of one parent to move and the other parent to have a continuing relationship with the children.
Guidance Needed for Grandparent’s Rights
Published: Wednesday, March 1st, 2000
Recently, the United States Supreme Court heard oral arguments in Troxel v. Granville, No. 99-138 (argued Jan. 12, 2000), involving the issue of grandparent visitation. While it remains unclear whether the Court’s opinion will have any significant impact in Wisconsin, the case involves issues of basic and significant societal concerns.
Guardians ad Litem Essential in Family Court
Published: Thursday, April 29th, 1999
The importance of the GAL’s role in family court cannot be overstated. The court, knowing that the GAL is entrusted to do an appropriate investigation, relies heavily on the GAL’s recommendation.
Hughes v. Hughes
Published: Sunday, March 1st, 1998
Wisconsin law has changed several times in the past several years regarding the balance between allowing one parent freedom to relocate and the need for children to have two involved parents. Recently, a court of appeals case, Hughes v. Hughes, 223 Wis. 2d 111 (Wis. App. 1998), appears to have moved the pendulum once again.
Parental Alienation
Published: Thursday, January 1st, 1998
Two very recent cases decided simultaneously by the Vermont Supreme Court squarely addressed the issue of parental alienation, each with quite different results.