Archives: Visitation

On November 9, 2005, the Wisconsin Assembly passed a bill by vote of 57 to 38 vote that would substantially change Wisconsin’s removal law, greatly restricting a parent’s ability to move with a minor child.

After Michael Gough’s divorce in Utah, he found himself living 1,000 miles away from his four year old daughter. Not satisfied with simple telephone calls in between physical visitations, he sought a court order allowing “virtual visitation” through electronic communication.

The Wisconsin Court of Appeals decision in Landwehr v. Landwehr is the first family law case on the Wisconsin Supreme Court’s September 2005 term docket.

A recent Wisconsin Court of Appeals decision, which is recommended for publication, contradicts long-held beliefs regarding the ability of parties to contract for determination of child issues outside of the court system.

What happens when new legislation causes a direct conflict with an existing statute? Did the Wisconsin legislature forget about the existing law? How does an appellate court, which is supposed to interpret statutes, not rewrite them, deal with such a conflict?

Gov. Jim Doyle recently signed into law 2003 Wisconsin Act 130. Among other things, this bill creates a rebuttable presumption against awarding legal custody to a parent who has engaged in a pattern or serious incident of domestic abuse, requires a GAL and mediator to have training related to domestic violence and requires the GAL to investigate whether either party has engaged in domestic violence.

The issue of jurisdiction over family court issues became clearer recently when the Supreme Court of Wisconsin issued its opinion in Tammie J.C. v. Robert T.C., 2003 WI 61.

When there is a significant dispute over children, in most jurisdictions the court will appoint a representative for the child.

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?

Wisconsin law is a mixture of different standing requirements and standards for grandparent visitation and other third-party intervention. Thus, some of these statutes are vulnerable to constitutional attack in light of the U.S. Supreme Court decision.