For any couple who is going through a divorce, one of the key issues that needs to be addressed is property and asset division. This is one of the primary financial concerns that will affect spouses. Decisions about property division will determine the financial resources available to each spouse, in consideration of establishing new living arrangements, covering bills and expenses, and addressing other needs. When contemplating issues related to property, spouses will need to understand the community property laws in Wisconsin and the factors a court considers when determining division of marital assets. An experienced divorce lawyer can provide guidance on how the laws may be applied in a specific situation. They can help negotiate a property settlement and address other related legal concerns.

Understanding Property Division Laws in Wisconsin

Wisconsin recognizes marital assets as “marital property.”, This means that property acquired by either spouse during  the marriage is jointly owned, and each spouse has an equal claim to the assets they own.

The first step in determining how property should be divided will involve identifying which assets are considered part of the marital estate. Generally, any assets acquired during the marriage are classified as marital property and are subject to division. This includes real estate properties, vehicles, bank accounts, retirement funds, investments, business interests, and personal belongings.

Certain types of assets may be exempt from division if they are individually owned by one party. In most cases, individual property will consist of assets a spouse owned before they got married. Other assets one spouse received during the marriage as a gift from someone other than the other spouse may be considered individual property. Inheritances received by either spouse may also be individually owned, and property purchased with gifts or inheritances will also be classified as separate property.

Factors Considered During Property Division

When deciding how to divide assets between spouses during a divorce proceeding in Wisconsin, several factors may be taken into consideration, including:

• The length of the marriage.

• Any substantial assets ;individually owned by either spouse.

• Contributions made by each spouse to the marriage, including the value of child care services spouses have provided and other homemaking activities.

• Contributions each spouse has made to the other spouse’s education, training, or other factors that increased their respective earning power.

• Each spouse’s age, health, and the amount of income they can earn based on their education, training, skills, experience, or any other factors that may affect their ability to work.

• Whether it may be preferable to award the couple’s marital home to one party based on decisions about child custody.

• Whether one spouse will be paying spousal support to the other.

• Other economic factors that could affect either spouse, such as pension benefits a person will be able to receive in the future.

• The tax consequences that will affect each spouse, based on the decisions made about property division.

• Agreements between the spouses regarding the division of property, including prenuptial agreements. 

• Any other factors that a family court judge may find relevant.

Presumption of an Equal Division

Wisconsin law presumes that there should be an equal or 50/50 asset division. The value of the assets that will be awarded to one spouse should be equal to the value of the assets awarded to the other spouse. However, judges may deviate from this presumption after considering the factors detailed above. To ensure fairness, there may be some situations where one spouse receives a larger share of the marital estate. For example, if one spouse earns a significantly higher income, and the other spouse is a homemaker and stay-at-home parent, it may be necessary to divide property unequally, ensuring that the spouse with a lower income will have the financial resources needed to support themselves going forward.

Contact Our Milwaukee, WI, Property Division Lawyers

If you have concerns about how your marital property will be divided during your divorce, it is crucial to seek professional guidance from an experienced divorce lawyer. At [[title]], our knowledgeable Milwaukee  marital property division attorneys understand the complex factors that may affect these matters in Wisconsin. We can help ensure that the law is applied correctly, and we can work to resolve disputes, ensuring that your property is divided as fairly as possible. Contact us at [[phone]] to arrange a free consultation and get the representation you need.

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In a divorce, the division of assets is often one of the most contentious issues. All of the property a couple owns will need to be considered, and there needs to be a determination on who will be responsible for paying the debts the couple owes. As couples take steps to gain an understanding of their financial position, and make decisions about how assets and debts will be divided, one spouse may find that the other has wasted or destroyed assets. This can significantly impact the other spouse’s financial well-being, leaving them with limited resources or debts that need to be repaid. 

When one spouse takes actions that reduce the value of the marital estate, this is known as “dissipation of assets.” It is important for spouses to understand how this issue will be addressed in a Wisconsin divorce. To make sure assets can be valued correctly, and that asset dissipation will be considered when dividing assets and debts, it is important to work with an attorney who has a strong understanding of these issues and who has experience helping clients address and resolve financial issues during the divorce process.

Dissipation of Assets Under Wisconsin Law

Under Wisconsin law (Wis. Stat. § 767.63), assets that have been dissipated are known as “disposed assets,” and they may be considered during the property division process. This law states that any asset valued at $500 or more and that was removed from the marital estate within one year prior to the initiation of a divorce should be considered when dividing marital property. If property was sold to someone for less than its actual value, given away, wasted, destroyed, or is otherwise unaccounted for, it will need to be addressed when determining the full value of the marital estate. A spouse who committed dissipation may be responsible for the amount by which the total value of marital property was reduced.

Dissipation of assets may involve a variety of actions in which marital property was wasted or destroyed by one spouse without the knowledge or consent of the other spouse during the marriage. This can include spending money excessively on non-marital needs, gambling away marital funds, selling joint property at a significantly lower value than it’s worth, hiding assets from the other spouse, or intentionally damaging property.

In cases where a person believes that their soon-to-be ex-spouse has dissipated marital assets, they may have several options for addressing this issue:

• Evidence gathering: To prove dissipation of assets under Wisconsin law, it is crucial to review financial records and uncover any evidence that demonstrates a pattern of wasteful behavior by a spouse. A forensic accountant may be able to review bank statements, business records, or other information. This may help prove that a spouse engaged in excessive spending, transferred money to personal accounts, or took other actions that caused the marital estate to decrease in value.

• Filing an affidavit: After gathering sufficient evidence supporting a claim of dissipation, a spouse can prepare an affidavit detailing the allegations and submit it to the court overseeing their divorce proceedings.

• Court evaluation: Upon receiving an affidavit, the court will evaluate the claims and determine if there is enough evidence to warrant further investigation or a potential adjustment in the division of assets.

• Reimbursement or offset: If the court believes that there is sufficient evidence of asset dissipation, a spouse may be ordered to reimburse the marital estate for these losses. If necessary, offsets may be used when dividing marital property, and a spouse who committed dissipation may receive a smaller share of the marital estate. If dissipation has led to debts or liabilities, the court may decide that the spouse who committed dissipation will be solely responsible for paying these amounts.

Contact Our Experienced Milwaukee County Divorce Lawyers

If you suspect that your spouse has wasted or destroyed marital assets during your marriage, it is crucial to take swift action to protect your financial interests. The knowledgeable Milwaukee property division attorneys at [[title]] can help you navigate these issues successfully. We will work to uncover evidence of asset dissipation, and we will advocate for a fair division of marital property that will allow you to meet your financial needs. To learn more about how we can assist you with handling financial concerns and other legal issues during your divorce proceedings, contact us at [[phone]] and set up a free consultation.

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By Attorneys Jason Luczak and Nicole Masnica

Embezzlement is a serious white collar crime that involves the misappropriation or theft of funds entrusted to someone’s care. This offense can refer to situations where an employee is accused of stealing money or assets from their employer. In Wisconsin, embezzlement accusations can lead to charges of theft or other criminal offenses. Those who have been accused of embezzlement can work with an attorney to determine their best options for defense.

Criminal Charges for Employee Embezzlement

When an employee is accused of embezzlement, several types of criminal charges may be brought against them. The specific charges that may apply will depend on the circumstances of the alleged offense and the amount of money or the value of property that was allegedly stolen or misappropriated. Although Wisconsin does not explicitly name embezzlement as a crime in its statutes, some charges that may be related to embezzlement include:

• Theft by employee: Employees may be accused of physically stealing cash, merchandise, or equipment from their employers. In these cases, theft charges will typically apply, and the specific penalties will be based on the value of the assets that a person is accused of stealing.

• Misappropriation of funds: Theft charges may also apply if an employee is accused of using company funds for personal gain. For example, an employee may claim that payments are being made to a vendor or contractor while the employee is actually transferring these funds into a personal account.

• Fraudulent writings: If an employee creates false documents or alters existing ones with the intent to deceive others and obtain financial benefits, they may be charged with this offense. For example, an employee may commit forgery by signing their employer’s name on a check and making fraudulent payments to themselves or others.

• Theft by false representation: An employee may be charged with fraud if they obtain money, property, or services through deception. For example, a person may claim that they are acting on behalf of their employer when they actually plan to close a separate business deal to benefit themself.

Charges involving embezzlement can carry different penalties depending on the severity of the offense and the amount of money involved. In cases where embezzlement is charged as a theft of less than $2,500, a person may be charged with a Class A misdemeanor. Theft of more than $2,500 will lead to felony charges, which can range from a Class I felony to a Class F felony for theft of over $100,000. If a person is accused of fraudulent writings or forgery, they may be charged with a Class H felony.

Defense Options in Employee Embezzlement Cases

In cases where an employee has been accused of embezzlement, a skilled criminal defense attorney can help build a strong defense strategy tailored to the specific circumstances of their case. Some defense options may include:

• Demonstrating lack of intent: It may be possible to show that an employee did not intend to commit embezzlement. They may be able to show that financial discrepancies were unintentional or were caused by accounting errors rather than theft.

• Mistaken Identity: In some cases, a person may be able to provide evidence suggesting that another person committed the offense in question, or they may raise doubt about who had access to certain funds or assets.

• Duress/coercion: An employee may be able to show that they were forced or coerced into committing embezzlement through threats or pressure from someone else.

• Insufficient evidence: It may be possible to argue that the evidence in a case does not conclusively demonstrate that the alleged crime occurred.

Contact Our Experienced Milwaukee, WI, Embezzlement Defense Lawyers

If you have been charged with theft, fraud, or related charges in Wisconsin, it is essential to have a skilled criminal defense lawyer by your side. At [[title]], our Milwaukee white collar crime attorneys understand the complex factors that can affect embezzlement cases, and we can provide you with the representation you need to defend against a conviction. Please contact us at [[phone]] to set up a consultation and learn more about how we can help with your case.

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If you have been arrested for operating a vehicle while intoxicated (OWI) in Wisconsin, it is important to understand the state’s implied consent law and how it can impact your case. Under this law, drivers are required to submit to chemical testing if they are arrested for driving under the influence of alcohol or drugs, and they may face consequences if they refuse to do so. For anyone who has been arrested for drunk driving, it is crucial to secure legal representation from an attorney who can help defend against OWI charges and address license suspensions or other penalties related to chemical blood alcohol tests.

What Is Implied Consent?

Implied consent refers to the legal principle that drivers automatically give their consent to submit to chemical testing from a police officer, if suspected of drunk driving, by obtaining a driver’s license and operating a motor vehicle on public roads. In other words, when you get behind the wheel in Wisconsin, you implicitly agree to comply with requests from law enforcement officers for blood, breath, or urine testing.

The purpose of implied consent laws is twofold. First, they aim to deter drunk driving by creating a legal obligation for drivers to cooperate with chemical testing. Second, they provide authorities with evidence necessary for prosecuting OWI offenses. However, it is important to understand that implied consent laws apply to tests administered to analyze breath, blood, and urine samples performed after you are arrested. Therefore, you are not required to take a roadside breathalyzer test or perform field sobriety tests during a traffic stop, but you will be required to submit to a blood, breath, or urine test after an officer has arrested you and taken you to a police station.

Consequences of Refusing Chemical Testing

If you refuse chemical testing after being arrested for OWI in Wisconsin, there are immediate consequences. The arresting officer will typically inform you about these consequences before requesting your cooperation, and they will include:

• Your driver’s license will be revoked. For a first offense, a revocation will last for one year. A refusal after a previous OWI conviction, suspension, or revocation within the last 10 years will result in a two-year revocation. A third offense will result in a three-year revocation.

• You may face additional penalties if you are convicted of an OWI offense.

• Your refusal can be used against you as evidence in court.

After a chemical test refusal, you will be served with a notice of intent to revoke your driver’s license, and you will have 10 days to request a hearing to contest the revocation. If you do not request a hearing, the revocation will go into effect 30 days after the date you refused chemical testing. 

After the revocation begins, you may be able to receive an occupational license that will allow you to drive for a limited number of hours and for specific purposes, such as going to work, running errands, or fulfilling certain obligations for homemaking. You may also be required to use an ignition interlock device when driving using an occupational license.

You will be eligible for an occupational license 30 days after a first refusal. After a second refusal, you will need to wait 90 days, and after a third refusal, you will need to wait 120 days. If you have had two or more OWI convictions, suspensions, or revocations within the last five years, you will be ineligible for an occupational license for one year.

Challenging Implied Consent Violations

While Wisconsin’s implied consent law creates a legal obligation to submit to chemical testing, it is not without its limitations. There may be circumstances in which the validity of the implied consent violation can be challenged, including situations such as:

• The arresting officer did not have reasonable suspicion or probable cause to believe that you were operating a vehicle while intoxicated.

• There was no lawful arrest made prior to requesting chemical testing.

• The officer failed to inform you about the consequences of refusing testing.

• Your refusal was due to a medical condition or language barrier that prevented you from understanding the request.

In these situations, an experienced OWI defense attorney can help build a strong case by challenging the legality of the implied consent violation. At [[title]], our lawyers can thoroughly review all aspects of your arrest and gather evidence to support your defense.

Contact Our Milwaukee OWI Defense Attorneys

Dealing with an OWI charge in Wisconsin can be overwhelming, but you do not have to face this situation alone. If you have been arrested for drunk driving, [[title]] can provide you with skilled legal representation. Our team of dedicated Milwaukee, WI OWI lawyers has extensive experience defending clients against OWI charges throughout Wisconsin. We understand the complexities of implied consent laws, and we know how they can impact your case. Let us fight for your rights and work towards achieving the best possible outcome for your situation. Contact us today at [[phone]] to set up a consultation.

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Getting a divorce can be a complex, difficult process. The strong emotions involved with the end of a marriage can be hard enough on their own, but they can be especially difficult when paired with financial issues and practical considerations related to living arrangements and parenting. Being prepared to address divorce-related issues can help make this process easier. If you are considering divorce in Wisconsin, it is important to understand the steps you can take to protect your interests as you prepare to separate from your spouse and dissolve your marriage. A skilled attorney can help you determine the best approach to take during your case. 

As you prepare for divorce, you will want to:

Gather Important Documents

Before initiating the divorce process, it is important to gather all relevant financial documents such as bank statements, tax returns, pay stubs, mortgage information, credit card statements, and investment account statements. These documents will be crucial during property division negotiations.

Evaluate Your Finances

Analyze your current financial situation and create a budget that reflects your anticipated post-divorce income and expenses. Consider consulting with a financial advisor to gain a better understanding of your financial situation. This can help ensure that you make sound financial decisions as you establish new living arrangements and address other financial concerns.

Create an Emergency Fund

Financial stability is essential during the divorce process. It is a good idea to start setting aside money in an emergency fund that will provide a safety net if unexpected expenses arise during this transitional period. You may be able to use the money you save to pay for housing expenses or other regular bills, and you will have resources available if you encounter unforeseen costs such as car repairs or medical bills.

Take an Inventory of Your Assets and Debts

It is important to understand what you own and what you owe, including marital assets you co-own with your spouse and separate assets that are your sole property. By listing assets such as real estate properties, vehicles, investments, retirement accounts, business interests, and valuable personal belongings (such as jewelry or artwork), as well as any debts incurred during the marriage, you can make sure financial issues will be addressed correctly as you divide marital property and make other divorce-related decisions.

Safeguard Your Digital Presence

In today’s digital age, it is crucial to protect your online presence during divorce proceedings. Change passwords for all personal accounts, including emails, social media platforms, and financial websites. Be cautious about what you post online, as the information you share could potentially be used against you in court.

Explore Support Networks

Divorce can be emotionally challenging, and it is important to have a strong network in place to ensure that you receive the support you need. You can reach out to friends or family members to discuss your divorce or other issues in your life, or you may consider joining a local divorce support group where you can connect with others who are going through similar experiences.

Prioritize Self-Care

Taking care of yourself both physically and emotionally is crucial during this difficult time. By engaging in activities that bring you joy, you can maintain a positive attitude. You may also be able to alleviate stress through exercise, meditation, therapy sessions, or spending quality time with loved ones.

Consider Mediation or Collaborative Divorce

If you can cooperate with your spouse to reach agreements, you may be able to utilize negotiation methods that provide an alternative to traditional divorce litigation. With mediation, you can work with a neutral third party or even hire one attorney to guide you through creating mutually agreeable solutions for issues like property division, child custody, and spousal support. With collaboration, you and your spouse can work together, along with your attorney, to engage in productive negotiations and reach equitable agreements. These methods of dispute resolution can help reduce conflict and promote cooperation in the future.

Consult With an Experienced Divorce Attorney

To protect your rights throughout the divorce process, you will need to make sure you are represented by a lawyer who understands the best ways to resolve the specific issues in your case. A knowledgeable attorney can guide you through each step of the divorce process while advocating on your behalf as you work to negotiate a settlement or resolve issues in court.

Contact Our Milwaukee Divorce Lawyers

If you are planning to get a divorce in Wisconsin, the experienced team at [[title]] can provide the legal help you need. Our Milwaukee County divorce attorneys will provide guidance tailored to your specific needs, and we are here to support you during this challenging time. Let us help you achieve a favorable outcome in your case. Contact us today at [[phone]] to set up a free consultation.

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Litigation involving an alleged breach of contract can be complex. When one party fails to fulfill their obligations as outlined in a contract, this can lead to disputes, and the other party may take legal action to enforce the contract’s terms. For those who are involved in civil litigation related to contract disputes in Wisconsin, it is important to understand the options that may be available. An experienced attorney can provide legal representation in these cases, ensuring that issues related to contracts will be handled correctly. Depending on the specific facts of a case, available remedies for a breach of contract may include:

1. Specific Performance

In some breach of contract cases, the court may order the party who breached the contract to fulfill their obligations as originally agreed upon. Specific performance is typically granted when monetary damages would not adequately compensate the non-breaching party for the losses they suffered due to the breach or when the breaching party has the ability to fulfill the contract’s terms.

2. Monetary Damages

The most common outcome when one party has been found to be in breach of contract is an award of damages that will be paid by the breaching party to the non-breaching party. There are different types of monetary damages that may be awarded:

• Compensatory damages: These are intended to cover the actual financial losses incurred by the non-breaching party because of the breach.

• Consequential damages: These may address losses that were not directly caused by the breach but were reasonably foreseeable at the time both parties entered into the contract.

• Liquidated damages: Some contracts include provisions specifying predetermined amounts that will serve as compensation if either party breaches certain terms. If the non-breaching party can demonstrate that the other party committed an applicable breach, these types of damages may be awarded.

• Punitive damages: In cases where there was intentional misconduct or gross negligence by the breaching party, that party may be required to pay punitive damages as a form of punishment.

3. Rescission and Restitution

In certain cases, the court may order the rescission of the contract, which essentially cancels it out or places the parties back into the position they were in before they formed a contract. This is typically done when one party can prove that they entered into the contract based on fraudulent or misleading information provided by the other party. In addition to rescission, restitution may also be ordered to restore both parties to their pre-contract positions.

4. Reformation

If a contract contains ambiguous or unclear terms, the court may choose to reform or modify those terms to make them enforceable so they reflect the true intentions of both parties involved. Reformation aims to correct mistakes or resolve ambiguities in  contractual language.

5. Termination

In some cases, breach of contract litigation may result in the termination of the agreement altogether. This means that neither party will be required to fulfill their obligations under the contract moving forward.

Contact Our Milwaukee, WI Contract Litigation Attorneys

If you need to address issues related to a claim for breach of contract in Wisconsin, it is crucial to seek legal guidance from an attorney who has experience in contract law. At [[title]], our team of skilled Milwaukee contract dispute lawyers can provide you with advice and representation as you pursue or respond to a claim for breach of contract. To schedule a consultation, please contact us at [[phone]].

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Arson is a serious crime that involves intentionally setting fire to property. In the state of Wisconsin, arson is a felony offense. The severity of the charges and the potential penalties will depend on factors such as the extent of damage caused, whether there were any injuries or fatalities, and the intent behind the act. Anyone who has been accused of arson, property crimes, violent offenses, or other types of crimes can determine how to protect their rights by working with an experienced criminal defense attorney.

What Is Arson Under Wisconsin Law?

In Wisconsin, arson is defined under Chapter 943 of the state statutes. According to Section 943.02, a person commits arson if they intentionally damage a building through the use of fire or an explosion without the owner’s consent. The law also covers other forms of arson, including using a fire to damage personal property valued at over $100 (Section 943.03) and setting a fire with the intent to commit fraud against an insurance company (Section 943.04).

Felony Arson Charges and Penalties

In Wisconsin, arson involving intentional destruction to a building is generally classified as a Class C felony offense due to its serious nature and the potential harm it can cause. The penalties for a Class C felony conviction includes a jail sentence of up to 40 years and fines of up to $100,000. If someone was injured due to arson, other criminal charges may also apply.

Arson involving property other than a building, such as a vehicle, is generally charged as a Class I felony. A Class I felony conviction can result in a sentence of three years and six months in prison and a maximum fine of $10,000. Arson committed with the intent to defraud an insurance company is a Class H felony. This offense carries a maximum sentence of six years in jail and a fine of up to $10,000.

It is important to note that a person who commits arson may also face a civil lawsuit from anyone who was affected. The owner of a building damaged by arson may seek compensation for the financial damages they have suffered, including the costs of repairing or replacing property, as well as expenses related to extinguishing a fire or performing an investigation. Anyone injured in a fire or explosion may also pursue compensation for the damages related to their injuries, or the family members of someone who was killed may pursue a wrongful death lawsuit. Wisconsin law states that treble damages may be awarded in the case of a wrongful death, meaning that a person who committed arson may be required to pay three times the amount of the victims’ actual losses.

The Importance of Legal Representation

If you or someone you know has been charged with arson in Wisconsin, it is crucial to seek legal representation right away. The consequences of an arson conviction are severe, and they can have long-lasting effects on your life.

An experienced criminal defense attorney will be able to assess the specific details of your case and build a strong defense strategy tailored to your situation. They will ensure that your rights are protected throughout the legal process while working to achieve the best possible outcome to your case. They will work to minimize the penalties you may face and help you avoid both financial difficulties and consequences, such as a prison sentence.

Contact Our Milwaukee Arson Defense Lawyers

If you are facing charges related to arson in Wisconsin, or if you need legal advice about any other criminal matter, do not hesitate to reach out to [[title]]. Our team of skilled Milwaukee, WI, criminal defense attorneys has extensive experience defending clients against arson, property crimes, violent crimes, and other types of charges. Contact us today at [[phone]] to schedule an appointment.

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As is typical after a wildfire, insurers are requiring survivors to submit detailed “personal property inventories” listing the property they lost in the Maui Wildfire before paying Lahaina homeowners the limits of their personal property coverage. Preparing the inventories can take hours or even days.  Not surprisingly, many survivors find it traumatic to list all the items lost in the fire. Some find it impossible.

Maui Attorney Lance D. Collins has written Hawai`i Insurance Commissioner Gordon Ito call to provide relief to Maui residents. He is asking that Ito call upon property insurance companies to pay out 100% of coverage limits for loss of contents or personal property without requiring survivors to submit an itemized list or other proof of what they lost. According to Lance D. Collins, such paperwork “Is a burden the people of Lahaina should not be required to bear while the community continues to attempt to recover.” Collins notes that insurance commissioners in other jurisdictions have taken similar actions in the wake of wildfires, and the Hawwai`i commissioner should do so as well.

Lance D. Collins is a Maui lawyer who, along with Honolulu lawyer Harrison Kiehm, leads the Malama Law Group.  The Malama Law Group represents property owners and others who lost property in the Maui Wildfire.

In Wisconsin, child custody cases can often be complex and emotionally charged. Parents will often encounter disputes over how they will share custody of their children, including how they will make decisions about important issues, when children will live in each parent’s home, and how they will handle various childcare duties. In some cases, a parent may believe that they should have sole custody of their children rather than sharing custody with the other parent. It is important to understand when sole custody may be considered as a viable option by the courts. A parent who is planning to seek sole custody can work with an attorney to determine how to address these issues.

What Is Sole Custody?

Sole custody typically refers to a situation in which one parent has primary responsibility for the child. This is known as sole legal custody. The parent with sole custody will generally have the right to make all major decisions about the child’s upbringing without consulting with or obtaining consent from the other parent.

Most of the time, children will reside primarily with a parent who has sole legal custody, but they will still be able to see and spend time with the other parent on a regular, ongoing basis. However, sole physical custody may also be appropriate in some situations. In these cases, children will reside solely with one parent, and they may not see or have contact with the other parent. These types of cases are rare, and Wisconsin courts usually prefer for both parents to be involved in raising their children. When children can spend time with each parent, they can build strong, lasting relationships, and parents can make sure their children’s needs are being met.

The Best Interests of the Child

In Wisconsin law, decisions regarding child custody are always based on what is in the best interests of the child. The courts may look at various factors to determine whether granting sole custody would serve those best interests.

Here are some of the key factors that Wisconsin courts consider:

• The wishes of each parent: Courts listen to and evaluate the parents’ desires about whether custody should be shared or whether one parent should have sole custody. 

• The relationship between each parent and their children: The strength and quality of parent/child bonds may be evaluated by the court. Decisions about custody should not disrupt these bonds and harm the relationships between either parent and their children.

• The ability of each parent to meet their children’s needs: The court may consider how well each parent can provide children with emotional support, educational guidance, and medical care, while also addressing children’s psychological well-being and providing for any special needs.

• The child’s adjustment: The court will look at how a change in custody arrangements may impact factors like home stability, school environment, and community ties.

• The mental and physical health of each parent: The court will evaluate the well-being of both parents and their ability to provide a safe, healthy environment for their children.

• History of domestic violence or abuse: When a parent has been accused of engaging in abuse against their spouse, their child, or another family member, the court will take this issue into serious consideration. Protecting the safety and welfare of children is the top priority in these situations.

Since Wisconsin courts typically prefer shared custody arrangements, a consideration of the factors above would need to show that there is a reason why it would be in the best interests of the children for one parent to have sole custody. Sole legal custody may be granted if there is a compelling reason why parents would be unable to work together to make child-related decisions. Sole physical custody may be appropriate if children could be at risk of harm when in the care of a parent due to issues like domestic violence, substance abuse, or mental health concerns.

Contact Our Milwaukee, WI Child Custody Lawyers

Addressing the various legal issues in a child custody case can be overwhelming. If you need to determine whether sole custody may be an option in your case, or if you need to address any other legal concerns related to your children, contact the experienced Milwaukee child custody attorneys at [[title]]. We offer free consultations in family law cases. We will consider the unique factors in your specific situation and provide legal advice on the best ways to proceed with your case. Contact us today at [[phone]] to set up an appointment.

Source:

https://docs.legis.wisconsin.gov/document/statutes/767.41

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