Archives: Placement

Joint Legal Custody

Published: Thursday, February 27th, 2014

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.

Mandatory Joint Custody (Or Placement)

Published: Wednesday, February 26th, 2014

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.

Texas vs. Wisconsin Law Regarding Effect of Litigation on Children

Published: Wednesday, February 19th, 2014

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.

Removal – Before the Divorce

Published: Tuesday, November 26th, 2013

The tricky issue of where parents can live with their children before a divorce is granted.

Appeals Court Reaches Correct Conclusion in Confusing Way

Published: Monday, November 25th, 2013

The statutes regarding post-judgment modification and removal are confusing. And unfortunately, a recent Court of Appeals decision makes them even more so.

More on Schissel Decision

Published: Wednesday, July 31st, 2013

As reported earlier, in Rosecky vs. Schissel, 2013 WI 66, the Wisconsin Supreme Court upheld the ability of parties to stipulate to a parenting agreement in a surrogacy case, reversing the trial court which refused to honor the agreement. My article discussing the holding was just published in the Wisconsin Law Journal. Essentially, I have […]

Decision on Custody Agreement Leaves Large Gap

Published: Wednesday, July 31st, 2013

Apparently the Wisconsin Supreme Court does recognize, after all, the rights of people to privately agree on their own affairs.

Contingent Custody and Placement Orders

Published: Thursday, May 30th, 2013

I’ve ranted in the past about the cases in Wisconsin which prohibit contingent custody/placement orders. A recent pro/con debate in the Wisconsin Journal of Family Law allows me to renew my rant.

Wisconsin Needs to Reconsider Placement Law

Published: Thursday, May 30th, 2013

It is time for Wisconsin to reconsider the law regarding contingent placement orders.

New Group to Help Resolve Family Conflicts

Published: Monday, January 28th, 2013

Wouldn’t it be nice if there were an organization in which professionals from the family-law bar, mental-health providers and the courts come together in an effort to share information? That’s what The Association of Family and Conciliation Courts is all about.