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Waukesha Family Legal Blog

How can I show that I am the father of a child?

Whether a child's parents are married at the time that the child comes into the world can have a lot of bearing on whether a man is considered a child's presumptive father. For example, in many jurisdictions a marriage between the child's parents that occurred before the child's birth will create a legal presumption that the husband is the father of the wife's child. When the parents are not married at the child's birth then this presumption is not created.

After a child's birth a Wisconsin man has several options for showing that he is a child's father. He may voluntarily acknowledge that he is a child's father and if the mother agrees they may execute a special form that creates a legal relationship between the child and man and paternal rights in the man to care for and provide for his child.

A review of child custody matters for Wisconsin families

A divorce is difficult for the parties who end their marriage but it can also be incredibly tough on their kids. Even when their parents are willing to work together to make the transition as easy as possible, kids can experience stress over the breakdown of their families. This post will address some important child custody topics for Wisconsin families and what they can do to help their kids with the many issues that come with divorce.

First, as in other jurisdictions there are two main forms of custody that may affect Wisconsin parents and kids. The first is physical custody and it covers where a child will live after their parents end their marriage. Parents can share physical custody of their child or one parent may be awarded sole physical custody.

Why is paternity important in family law matters?

When a mother delivers a baby into the world it is very clear that the parent and child share a biological connection. Whether she delivers at home, in a hospital or in a different location a Wisconsin mother's identity is generally easy to identify as she has to present when her child enters the world. However, if a mother is not in a relationship with her baby's father or if she is unsure of who the father of her child is, knowing who the child's second parent is can be much less obvious.

When the identity of a child's father is in question a paternity test may be ordered to provide clarity on the issue. A paternity test checks the genetic material of a child against that of a man to see if they are biologically related. If there are sufficient similarities between the child's genetic sample and the man's genetic sample then a paternal relationship may be established.

Problems with social media and divorce

Social media has brought a lot of good to the world, but it also creates strife. Research suggests social media platforms, such as Facebook and Instagram, can create problems in people's marriages because it can have an addictive quality and pave the way to extramarital affairs.

Regardless of the role, social media played in your marriage; it is important to be aware of how it can affect a divorce. You need to be cautious about what you post regardless, but during a divorce, everything about your personal life can come to the court's attention. You do not want to make it easy for the other side to learn everything about you. Additionally, social media can make an already stressful time even harder. 

Collaborative divorce is an option for ending a marriage

Television dramas like to play up the contentious nature of litigation and one area of legal practice that is often used to show the challenges of courtroom battles is divorce. Divorces are, by their nature, adversarial because they involve the legal breaking of marital bonds that were forged through the application for and receipt of marriage licenses. However, what Wisconsin residents may not know is that not every divorce has to be argumentative.

Collaborative divorce is an option for individuals who can work with their partners to close their relationships on their own terms. Individuals who opt to use collaborative processes to complete their divorces may retain more control over their marital dissolutions than individuals who defer all decision-making processes to the courts. They may also experience more satisfaction with the outcomes of their divorces if they directly participated in the steps completed to finish their divorce.

Former television star in unpaid spousal support battle

When a Wisconsin couple chooses to go through a divorce, there are many different and important decisions that the partners will have to make. They may have to work out how the partners will share custody of their kids and how much they will pay in child support. They will have to split up their property and make difficult decisions about ownership and financial matters that they may have never thought they would have to do. And, some couples may have to work out terms related to the financial maintenance of one of the parties to the other after the marriage has ended.

Spousal maintenance is the payment of money from one person to another when the two parties were once married. Spousal maintenance is often awarded if one partner has a much higher earning potential than the other who is to receive support or if the recipient spouse made sacrifices regarding their own career to help the advancement of the others.

Four issues for those facing a gray divorce

When a couple gets married they believe their marriage will last forever. Many times this is the case for Waukesha area residents. But, divorce is common for couples who have been married for any length of time. A relatively new phenomenon is the increase of divorce for couples who have been married for decades, often referred to as a "gray divorce." These couples have unique needs that they face in a divorce situation.

Among baby boomers, there is a divorce wave occurring. For those who are over 50, the divorce rate has doubled in the past 20 years. There are unique issues those who are older and divorcing face, many of them financial. When a couple divorces during their retirement years, it can be costly to maintain two households instead of one. And many times, one spouse dealt with financial matters throughout their marriage and now the other spouse needs to learn about these money matters and may feel unprepared. Health care for older adults is another huge concern. A divorce spouse may not be covered on their ex's medical plan and so someone will need to pay for the medical care. It can also be difficult to divide up retirement savings that have a guaranteed lifetime income annuity.

4 ways to make co-parenting with your ex easier

Parenting is already a challenging task at times. When you have a hostile ex to deal with, the responsibility of rearing your kids may seem downright impossible. Whether you are divorcing your children’s other parent or were never married, it is essential for you both to set aside your anger and animosity towards each for the sake of the kids. 

Many Waukesha County couples who do not get along still maintain friendly relationships with each other, so they can continue to provide their children with the parental guidance they need. Here are a few pointers to help make co-parenting easier on your family. 

4 ways to keep your divorce from becoming contentious

Getting divorced is typically a very upsetting event in people's lives. People are often struggling with painful feelings and uncertainty about the future, not to mention financial challenges and fears about what will happen to their relationship with their children. 

With all this going on, many people struggle with navigating the legal process. In many cases, missteps happen and the divorce can become more difficult. To prevent this from happening if you are considering divorce, you can take the steps we discuss below.

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