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Waukesha Family Legal Blog

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.

Collaborative divorce offers individuals control and support

When a Wisconsin resident is in the thick of a divorce, it can be hard to see the happy ending that awaits them when they are out of their relationship. They may worry about their children and how they will cope with the changes that are happening in their family. They may experience stress about money and how they will pay for their new lifestyle without the support of their ex's income.

Divorce itself can be hard on a person, especially when it involves contention, hostility, and anger. Though differences and arguments sometimes cannot be avoided in divorces, some couples are able to put their problems with each other aside so that they can work together on finding common ground in their marriage dissolution. When couples embrace a positive, end-focused approach to divorce, they may benefit from engaging in collaboration to bring their marriage to its end.

Are retirement accounts divided during divorces?

Wisconsin residents who wish to retire in the future may dedicate portions of every paycheck that they earn to their retirement funds. While these funds may start small, over time and with proper investing they can grow into large sums that can support individuals well into the later years of their life. One event that may quash the growth of a well-funded retirement account is divorce. This post will generally address what may happen to such a fund when a marriage comes to its end.

Since the money that individuals earn during their marriages is generally considered marital property, the earnings that go into their retirement accounts are also considered marital assets. Even if only one of the partners works and contributes to the retirement plan, the contributions of the other spouse, like caring for children or supporting the other spouse while he or she received an education, can entitle that non-working spouse to a significant portion of the retirement account.

How you can benefit from mediation

Though some people may desire to be together, it is better that they be apart. For those who are married, divorce proceedings can be a complex aspect of that separation process.

When the parties are on good or decent terms, mediation may be a viable option. There can be certain benefits to utilizing this divorce method.

Musician and wife to end long-term marriage

Several weeks ago Wisconsin residents may have stayed up late to watch their favorite musical performers on the Grammys. Whether or not their preferred entertainers took home trophies, they likely marveled at the array of talent and character put on display during the event. It can be hard to remember that celebrities like those who attended the spectacle live normal lives and face problems that are common to regular people.

For example, musical artist Beck recently filed for divorce from his wife. The couple had been together for about a decade and a half and share two minor children. Despite the fact that he won two Grammys at the recent awards show, Beck will now be thrown into the difficult spot of settling many issues related to ending a marriage.

Modifications of child support orders may be possible

Even when their marriages end in divorce, parents are still expected to fulfill their parental obligations to their children. This can mean serving as a custodial parent, providing children with love and support, and ensuring that those children have the financial stability they require to live their lives. Wisconsin parents can be ordered to pay child support for the benefit of their kids, and those orders carry with them the weight of judicial power.

If a parent is unable to, or chooses not to, make child support payments, then they may be subjected to enforcement efforts. These efforts can include, but are not limited to, the garnishment of the payer's wages, the withholding of their tax returns, and even contempt charges. Generally, a parent who has a history of delinquencies will be pursued through enforcement efforts.

How can paternity be established in Wisconsin?

Fatherhood is an important role that many men look forward to taking on. While some may have months to prepare for the birth of their child, others may learn that they are fathers only after their kids come into the world. In Wisconsin, there are three ways that a man may be established as the legal father of a child.

One of the most straightforward ways for a man to be legally recognized as a child's father is through the execution of a voluntary paternity acknowledgement. This document is used after a baby is born and when a child's mother is certain of the identity of the child's father. Both of the child's parents are required to sign the acknowledgement to make the father recognized as such.

Making changes to a child custody plan

When a Wisconsin couple finalizes its divorce, the parties will be issued a divorce decree from the court. This decree will set forth all of the decisions that have been finalized regarding the marriage dissolution and can, depending upon the needs of the parties, cover property settlements, support payments, and child custody. While some these decrees withstand the test of time and never need to be changed, others require modifications to ensure that the parties and their kids are provided with what they need.

When it comes to modifying a child custody order or plan, courts will generally look at what the parties want to do and how those changes will affect the best interests of the kids who are subject to the outcomes. Different families will have different needs, and as such it is important that individuals get case-specific advice on how to address their needs for post-divorce child custody decisions.

Prepare for a successful divorce mediation process

Divorce is an extensive process that can be quite stressful. However, there are certain options that can make the process smoother, such as mediation.

There are certain advantages to utilizing mediation during a divorce. To fully access those benefits, it is a good idea to prepare for the mediation process properly.

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