Archives: Children and Divorce

In a recent opinion the District 4 Court of Appeals misapplied Wisconsin statutes regarding the meaning of joint custody. Fortunately, it was an unpublished decision. Unfortunately, it is an authored opinion, so it can be cited for its persuasive value.

Here is the greatest revenge of all – show your ex spouse that you don’t need him by making a good life for yourself without him.

Should a court have authority to order a parent to pay for post high school expenses if the child has the need and the parent has the ability to pay? There are pros and cons.

It is NOT really joint custody – it is severable custody. In other words the statute does not require the parties to act jointly, but specifically authorizes them to act separately.

In Wisconsin, at least, “legal custody” involves only decision making about six areas, few of which are ever in dispute. The determination of where the children live is called “physical placement.” In most cases, that is the battlefield.

While Texas has a statute requiring courts to accept settlement agreements, which Wisconsin does not, I was most impressed with the language of the decision recognizing the harm caused to children by litigation. Yet Wisconsin courts have consistently refused to recognize this harm.

I’ve been critical of several Wisconsin decisions which, in my opinion, fail to recognize that the best interests of children is promoted by limiting conflict, including litigation between the parents. No Wisconsin court seems to recognize the importance of resolution. But the Texas Supreme Court does.

It appears this documentary takes a few outrageous examples and extrapolates to those being the rule rather than the exception. It may make good hype for the news media, but it is poor logic and not reality.

The article is a proposed New Year’s resolution for divorced parents to their children.

A request to do a “Wish List” for family law. It was fun writing it – let me know if you agree – or if you have better ideas.