Archives: Divorce

There is a common myth that kids want their parents to stay together or get back together. In reality, what kids want, more than anything else, is peace.

Unfortunately, sometimes raw emotions control common sense. The result is unfortunate for both parties – and even worse for the children who are innocent victims.

Joint legal custody is a nice term with no practical meaning.

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 Fortunately, it was an unpublished decision.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.

“Getting it right” meant ruling that only gifts and inheritances, whenever received, are exempt.

Too often, white collar criminals get off with probation and restitution under the theory that if they go to jail, the victims will not be recompensed.

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.

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.