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Waukesha Family Legal Blog

More on the Acknowledgement of Paternity form

Previous posts on this blog have talked about how Wisconsin parents can use what is called an Acknowledgement of Paternity form in order for a dad to establish paternity over a child born when he was not legally married to the child's mother. This form can be a real blessing to parents who may have every intention of raising their child together. However, before signing this form, it is important for both parents, and men in particular, to understand what the form legally does and does not do.

Upon validly signing and processing the form, the man who signed the form is deemed the legal father of the child named on the form. In other words, nothing further needs to be done to establish paternity. Again, this could well be the best option in many cases, but a man should remember that once he signs the form it can be very difficult to come back later and say that the child is legally not his.

Review of Wisconsin's parental relocation statutes

Like other states, Wisconsin has rules that parents must follow if they are subject to a child custody order and they want to move. Specifically, if a parent has primary physical custody of her child, meaning the child lives with her most of the time, then she will have to file a request for permission to move is she wishes to relocate more than 100 miles from the other parent.

This rule does not apply if the two parents already live more than 100 miles from each other, in which case the parent with primary custody need only provide advance notice to the other parent approximately two months in advance of the move. This notice must provide the other parent with her child's new address.

Could social media hurt your divorce?

The marriage is over, and you want the world and, most importantly, your spouse to know you are not letting the situation get the best of you. The ink is barely dry on your divorce filing in Waukesha County. You go online daily and post updates, photos and videos to your social media accounts frequently throughout the day. Secretly behind closed doors, you are barely holding yourself together or feel incensed by all the drama and tension of your separation.

You may believe your online activity is not harmful or has no bearing on your divorce case, but it could. Regardless of who your audience is and your intent, your online actions could provide your soon-to-be ex-spouse with the fuel she or he needs in the divorce to claim the desired outcome. Before you post that next status update or make a comment on a friend’s post, consider the following information about the potential impact of social media impact on your divorce

Options for resolving high conflict divorce situations

While it may be ideal to end a relationship without conflict, the reality is that many if not most divorces and other breakups will inevitably involve some arguments between the spouses.

In fact, too often, the level of misunderstanding and miscommunication reaches its boiling point between the couple as they are separating. This happens for a number of reasons, ranging from mutual grudges to the fact that one of the spouses is addicted or his serious mental or personality disorders.

How are younger Americans changing divorce?

Every generation is different than the one before. It is just a fact of life that changing times result in changes in the approach individuals have in life. When it comes to marriage and divorce, older generations were seemingly more liberal in their approach to starting relationships and calling it quits. It seems the younger generation in America - so-called "millennials" - are taking a different approach.

A recent article noted that younger Americans are waiting longer before they decide to "take the plunge" and get married. This means that they are in long-term dating relationships for a longer amount of time, and that they are older than previous generations were when they get married. The result? The divorce rate in America seems to be on the decline.

Navigating your way through a divorce in Wisconsin

Although the common refrain is that about half of all marriages in America end in a divorce, no one starts off a relationship thinking that way. Marriages can become frayed in a number of ways, and each case is different. However, when you realize that your marriage is likely going to end in a divorce, you will probably start to wonder how to get through the legal process.

At our law firm, we know that no two divorce cases are the same. Sure, many of the same issues will need to be addressed in most divorces, such as property division, child support, alimony, and child custody, for example, but the solution in one case may look different than in another case. Depending on the relationship between the two soon-to-be ex-spouses, there may be different options to get through the divorce process.

Are late-life divorces harder to complete than others?

A late-life divorce is one that occurs after the spouses have been together for many years. A marriage that has endured decades of togetherness between the parties may end suddenly when unresolvable conflicts arise, or its foundations may slowly erode over time and leave the partners ready to experience single life as they move into the later phases of their lives. In Wisconsin, long-term couples choose to end their marriage for many reasons.

A late-life divorce may be a complicated legal matter. That is because it is not uncommon for couples to accumulate wealth, assets, property, and other items of value over time. When those items and assets are jointly owned they must be assessed and divided through the property settlement process. The more property that a couple has the more difficult it may be to determine just which party should take particular parcels and items of wealth.

The 2019 tax law affects alimony

If you are considering a divorce, you may have heard some of the news about how the new tax planning affects asset division. One of the most important ways that the division of assets changed is in terms of alimony.

Specifically, the rules changed the way the IRS handles spousal maintenance for federal income taxes. Now, rather than subtracting alimony from the income beforehand as a deduction, the payer must account for income tax on their full taxable income and pay alimony from the remainder. In short, the maintenance payment no longer reduces tax. This has serious implications for high-asset divorcing couples in many cases.

What it means to be a non-custodial parent

It is important to most divorcing Wisconsin parents to maintain strong relationships with their children. Doing so can be hard, however, when children live exclusively with one parent and the other is left with only sparse visitation time. When a parent does not have physical custody of their child, then they are often referred to as the non-custodial parent.

The child's custodial parent is the one who provides them with a home, food, and clothing. Though a non-custodial parent may pay child support to ensure that those necessities are available, the custodial parent is responsible for ensuring that the child's day-to-day needs are adequately met. Non-custodial parents may not have the right to have their children live with them but they may have legal custodial rights.

How can paternity help stop the adoption of a child?

Adoption is a special process that unites a child with a family that wishes to grow in size, thereby creating a legal relationship between parents and the child. While some families grow through the birth of biological children, adoption creates equally important bonds between kids and their adoptive parents. Wisconsin families can choose to adopt children from within the United States or may look to grow their families through international paths.

When a person decides that they would like to adopt a child domestically they must complete a number of requirements. Only children that have been given up for adoption by both of their biological parents may be eligible for adoption by others. If a birth father does not want his child to be given to another family then he must object to the process.

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