Archives: Children and Divorce

It doesn’t take a village to raise children. It takes parents. That’s one of the central implications of the Wisconsin Court of Appeals recent decision is Lubinski v. Lubinski.

After nearly nine months without a Wisconsin Court of Appeals case arising from a divorce action being recommended for publication, late last month, the District I Court of Appeals its opinion in Lubinski v. Lubinski.

What would the role of a child’s representative be in a perfect world?

Much ink has been spilled over the GAL’s role, and much real and virtual debate has taken place. This article offers a discussion on the roles of lawyers for children other than the role prescribed in Wisconsin.

Usually, a lawyer represents a client. In Wisconsin, on the other hand, a GAL represents the “concept” of the best interests of the child.

Although the role of a guardian ad litem, or GAL, is settled in Wisconsin, the issue is highly contentious elsewhere. The dispute illustrates that, while the GAL role in Wisconsin is not perfect, it is better than most other alternatives.

This series of articles, written by Atty. Gregg Herman and published in the Wisconsin Law Journal, examines the role of the lawyers for children in family law cases.

The specter of never-ending litigation is a frightening one in any area of law. Where children are involved, it is even scarier.

Depending on how strictly it’s read, the Wisconsin Court of Appeals holding in Frisch v. Heinrichs may cause severe problems in allowing courts to order a person who disobeys a court order to make the innocent party whole.

As divorce lawyers, we are intimately aware of the overlapping relationship between psychology and family law.