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davidlabsher · 7 years

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What factors does the court consider in awarding custody and physical placement?

The court considers all facts relevant to the best interest of the children. Some of the factors the court considers for child custody and placement are:

The wishes of the children’s parent or parents as shown by an agreement between the parties, or a proposed parenting plan, or any other proposal submitted to the court at trial

The wishes of the children, which may be communicated by the children or through the children’s guardian ad litem

The interaction and interrelationship of the children with his or her parent, parents, or siblings

The amount and quality of time that each parent has spent with the child in the past

The child’s adjustment to the home, school, religion, and community

Whether the mental or physical health of a party, minor child, or other person living in a proposed custodial household negatively affects the child’s intellectual, physical, or emotional well-being

The need for regularly occurring and meaningful periods of physical placement to provide predictability and stability for the child

The availability of public or private child-care services

The cooperation and communication between the parties and whether either party unreasonably refuses to cooperate or communicate with the other party

Whether each party can support the other party’s relationship with the child, or whether one party is likely to unreasonably interfere with the child’s continuing relationship with the other party

Whether there is evidence that a party engaged in abuse of the child

Whether any of the following has a criminal record and whether there is evidence that any of the following has engaged in abuse of the child or any other child or neglected the child or any other child:

A person with whom a parent of the child has a dating relationship

A person who resides, has resided, or will reside regularly or intermittently in a proposed custodial household

Whether there is any evidence of inter-spousal or domestic abuse

Whether either party has or had a significant problem with alcohol or drug abuse

Such other factors as the court may, in each individual case, determine to be relevant

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davidlabsher · 7 years

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How can I make sure I will be awarded primary placement of my children?

There are no guarantees that you will be awarded primary placement of your children in a divorce action, except in exceptional circumstances. The court weighs the factors addressed earlier in this chapter to make a determination relative to the allocation of placement. Although an attorney may give you his or her opinion relative to your likelihood of success in obtaining primary placement of your children, it is just an opinion. Any lawyer who guarantees a result in a custody and/ or placement case is a lawyer who should be avoided.

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davidlabsher · 7 years

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If I am awarded shared physical placement, what are some examples of how the parenting might be shared?

In the event both parties have placement of ninety-two overnights or more, placement is considered shared. Although child placement is generally awarded based on overnights, equivalent care is also considered. An example of equivalent care would be a parent who works third shift, but cares for the children each day.

In 50/50 shared physical placement arrangements, many parents follow a 2-2-5 schedule, or a variation thereof, where one parent has the children for two weekdays, the other parent has the children for the following two weekdays, and then the parties alternate weekends from Friday to Monday morning. Below is an example placement chart to demonstrate the 2-2-5 schedule.

Monday Tuesday Wednesday Thursday Friday Saturday Sunday Week 1 Mother Mother Father Father Mother Mother Mother Week 2 Mother Mother Father Father Father Father Father

Another example illustrates a 9-5 schedule, which is sometimes flip-flopped during the summer so the schedule becomes 5-9 to the opposite parent.

Monday Tuesday Wednesday Thursday Friday Saturday Sunday Week 1 Father Father Mother Father Mother Mother Mother Week 2 Father Father Mother Father Father Father Father

Parents can negotiate any type of schedule that works for them and the minor children. Sometimes the schedule is nothing more than an agreement to work together on a substantially 50/50 basis, leaving the actual dates and times flexible, based on the minor children’s schedule and extracurricular activities. If the children are old enough, some parents prefer to have a one-week-on, one-week-off parenting schedule. Each family presents a different set of facts and circumstances to be considered and weighed when determining the appropriate placement schedule.

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davidlabsher · 7 years

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What is a parenting plan?

A parenting plan is a written document detailing what placement schedule each parent believes is in the best interest of the children. In a case where legal custody and/or physical placement is contested, a party seeking legal custody or periods of physical placement must file a parenting plan before any pretrial conference. A party required to file a parenting plan, who does not timely file a parenting plan, waives the right to object to the other party’s parenting plan.

In Wisconsin, the court must set a placement schedule that allows the children to have “regularly occurring, meaningful periods of physical placement” with each parent that maximizes the amount of time the children will spend with each parent, taking into account geographic separation and accommodations for different households.

A parenting plan must provide the following information:

What legal custody or physical placement the parent is seeking

Where the parent currently lives and where the parent intends to live during the next two years

Where the parent works and the hours of employment

Who will provide any necessary child care when the parent cannot and who will pay for the child care

Where the children will go to school

What doctor or health care facility will provide medical care for the children

How the children’s medical expenses will be paid

What the children’s religious commitment will be, if any

Who will make decisions about the children’s education, medical care, choice of child-care providers, and extracurricular activities

How the holidays will be divided

What the children’s summer schedule will be

Whether and how the children will be able to contact the other parent when the children have physical placement with the parent providing the parenting plan

How the parent proposes to resolve disagreements related to matters over which the court orders joint decision making

What child support, family support, maintenance, or other income transfer there will be

How the children will be transferred between the parties for the exercise of physical placement to ensure the safety of the children and the parties

A sample parenting plan form can be found in the appendix. The goal of the parenting plan is to resolve conflict without the need for extended litigation. It sets the parameters for each side’s custody and placement proposal.

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davidlabsher · 7 years

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What does it mean to have split custody?

Split custody refers to a custodial arrangement where each parent has sole physical custody of one or more of the children. Courts generally disfavor split custody because it separates the children from each other. However, in families with a disabled child or a child who is in need of additional health services, or in cases of child-on-child abuse, the use of split custody can provide for more attention and care focused on an individual child. Certainly other circumstances occur where split placement is ordered, but generally only under exceptional circumstances.

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davidlabsher · 7 years

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My spouse says I have to move out now. Who decides who gets to live in the house while the divorce is pending?

If you and your spouse cannot reach an agreement regarding which of you will leave the residence during the divorce, the judge or family court commissioner will decide whether one of you should be granted exclusive possession of the home until the case is concluded. In some cases, judges have been known to refuse to order either party out of the house until the divorce is concluded or may order a nesting arrangement, where each party is designated exclusive use of the residence on specific days or weeks.

Abusive behavior by one party is one basis for seeking temporary possession of the home while the abusive spouse is ordered to vacate. If there are minor children, the party guilty of abuse will almost always be ordered to vacate the residence. Other factors the judge may consider in determining allocation of the residence on a temporary basis include the following:

Whether one party owned the home prior to the marriage

After provisions are made for payment of temporary support, who can afford to remain in the home or obtain other housing?

Who is most likely to be awarded the home as part of the final divorce?

What options are available to each party for other temporary housing, including other homes or family members who live in the area?

Special needs that would make a move unduly burdensome to one party, such as a health condition

Self-employment from home, which could not be readily moved, such as a child-care business

If staying in the home is important to you or if you or the child is a victim of abuse, talk to your attorney so that a strong case is presented on your behalf at the temporary hearing or temporary restraining order.

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davidlabsher · 7 years

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Do I have to file in the county where my spouse lives?

I just moved to a different county in Wisconsin. Do I have to file in the county where my spouse lives?

You may file your petition for divorce either in the county where you reside or in the county where your spouse resides, so long as you or your spouse have resided in that county for thirty days.

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davidlabsher · 7 years

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My spouse has told me she will never “give” me a divorce. Does that stop me from obtaining a divorce in Wisconsin?

No. Wisconsin does not require that your spouse agree to a divorce. The judge, not your spouse, grants your divorce. Under Wisconsin law, to obtain a divorce you must state under oath that your marriage is “irretrievably broken.” This is a legal term meaning that there is no possibility of reconciliation between you and your spouse. Nor do you have to prove that you participated in marital counseling to establish that your marriage is “irretrievably broken.” Wisconsin is a no-fault divorce state.

This means that neither you nor your spouse are required to prove that the other is “at fault” in order to be granted a divorce. Proof of factors such as infidelity, cruelty, or desertion are not necessary to obtain a divorce in Wisconsin. The only requirement is that the marriage is irretrievably broken.

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davidlabsher · 7 years

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Is Wisconsin a no-fault state, or do I need grounds for a divorce?

Wisconsin is a no-fault divorce state. This means that neither you nor your spouse are required to prove that the other is “at fault” in order to be granted a divorce. Proof of factors such as infidelity, cruelty, or desertion are not necessary to obtain a divorce in Wisconsin. The only requirement is that the marriage is irretrievably broken.

If either party testifies that the marriage is irretrievably broken, that testimony is generally sufficient for the court to grant the divorce. If one party testifies that the marriage is not irretrievably broken, the court will generally nevertheless grant the divorce, based on the premise that a marriage cannot continue if one party wants out of the marriage.

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davidlabsher · 7 years

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Top 10 Divorce Mistakes to Avoid

Ten Divorce Mistakes to Avoid

Failing to understand the divorce process

Confusing your emotional needs with the business decisions of divorce

Forgetting to weigh the cost the benefit of each contested issue

Putting too much emphasis on “winning”

Failing to be truthful

Believing that the award of custody and placement means the children lose the other parent

Deciding to fight every The greater the fight the more costly the divorce. Fighting over every issue will probably result in the sale of some assets to pay for the cost of litigation.

Prolonging the Failing to divide your assets in a timely manner often means sharing the increased value of that asset with your spouse.

Getting divorce advice from family and friends

Not following your attorney’s advice

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davidlabsher · 7 years

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What is the Wisconsin Divorce Process?

What steps are taken during the divorce process in Wisconsin?

If you are initiating the divorce, the divorce process in Wisconsin typically involves the steps listed below:

Find a Reputable Divorce Attorney

Obtain a referral for a family law or divorce Ask for specific referrals to attorneys who are experienced and knowledgeable in divorce law.

Schedule an appointment with a divorce attorney. You may want to interview more than one attorney to determine which attorney will best meet your divorce needs.

Prepare questions and gather basic documents for your initial consultation (more about these documents later).

Meet with an attorney for an initial consultation.

When you decide to retain a particular attorney, you will pay a retainer to your attorney and sign a written retainer or legal services

Provide Requested Information to your Attorney

Provide any additional requested information and documents to your attorney. Take other actions, as advised by your attorney.

Your attorney will prepare a summons and petition for divorce. The petition will require your signature.

After discussion with your attorney, a determination will be made whether a temporary hearing is necessary in your case. A temporary hearing is a hearing before a family court commissioner to decide temporary issues until the divorce is finalized. Issues that may be addressed at the temporary hearing include child support, maintenance, placement, allocation of debt, and/or attorney fee contribution. If it is deter- mined that a temporary hearing is needed in your case, your attorney will prepare the necessary documents to schedule the hearing. Those documents will then be filed with the clerk of court in the county where your divorce is filed, along with the summons and petition for divorce.

After pleadings, formal written documents, have been filed and a temporary hearing date scheduled, the pleadings must be served on your spouse.

Your service options

There are different ways to accomplish service. Your attorney will discuss your service options with you. You have ninety days after the filing of the summons and petition to serve the pleadings on your spouse. One sixty-day service extension may be granted by the court. If either party receives public assistance, a copy of the summons and petition must also be served on the county child-support agency.

If you are the spouse served with divorce papers, the foregoing process will also apply to your situation. However, rather than filing a summons and petition for divorce, your attorney will prepare a response and counterclaim to the summons and petition, which is due twenty days after the service of the summons and petition. You may also request a temporary hearing if necessary in your case.

Financial information must be provided to your attorney in advance of any temporary hearing. Information to be provided includes, but is not limited to, W-2s, tax returns, recent payroll stubs, your budget, a listing of all assets and liabilities, life insurance, and inherited and gifted property.

Negotiations are generally conducted relative to the proposed terms of the temporary order on matters such as custody, placement, support, maintenance, payment of debts, and temporary possession of the family home. If you can reach a temporary agreement with your spouse, a stipulation setting forth the terms of your agreement will be drafted. If settlement cannot be reached on temporary issues, your attorney will likely prepare financial statements, maintenance and child-support calculations, and budgets for presentation at the temporary hearing.

Temporary hearing if no agreement is reached.

A temporary hearing is held if you and your spouse cannot reach agreement.

A temporary order is prepared by the family court commissioner, court, or one of the attorneys, approved as to form by the other attorney, and submitted to the court for filing.

If you have minor children, you and your spouse must attend a parent education class, develop a parenting plan (if custody or placement is in dispute), and participate in mediation. Generally, in Wisconsin the is- sues of custody and placement must be resolved be- fore the court will address financial issues.

Both parties will conduct discovery to obtain information regarding all relevant facts. Discovery is the obtaining of information from the other party which is necessary to settle or try a case. Discovery includes formal requests for information, as well as informal discovery, which is merely a request from one attorney to the other for documents and information.

Valuations of all assets will be obtained, including real estate, retirement accounts, vehicles, investments, and business valuations. Sometimes it is necessary to hire appraisers and/or experts.

Review facts, strategy and develop a proposal for settlement.

You will confer with your attorney to review facts, identify issues, and assess the strengths and weaknesses of your case. With the assistance of your attorney, you will review strategy and develop a proposal for settlement.

You and your spouse, with the support of your attorneys, will attempt to reach agreement through written proposals, mediation, settlement conferences, or other alternative dispute resolution.

If you and your spouse reach an agreement on all is- sues, one of the attorneys will prepare a marital settlement agreement, which is signed and approved by you and your spouse and your children’s guardian ad litem, if applicable. A guardian ad litem is an attorney appointed to represent the best interests of your children if custody or placement is contested during the divorce.

The marital settlement agreement and updated financial disclosure statements are filed with the court.

The court holds a brief, final hearing called a default hearing. You and your spouse will testify that you understand and agree with the terms of the marital settlement agreement; state that the marriage is irretrievably broken; testify that your financial statement correctly identifies all income, assets, and liabilities; and provide the court with basic information about the marriage.

Judgement is entered and divorce is granted.

Judgment is entered, and divorce is granted. Each party is advised that he or she cannot remarry for a period of six months subsequent to the granting of the divorce.

Your attorney completes necessary orders and drafts documents to implement the terms of the divorce. These orders and documents will address transfer of real estate, retirement accounts, vehicles, implementation of child support, and more.

If your case is not resolved by a default divorce, your case will proceed to further litigation and potentially trial.

Additional discovery will probably be completed by the attorneys, including depositions, experts’ analyses, valuations, vocational rehabilitation examinations, and more.

At this stage, because your case is in a trial posture, you may be compelled to pay your attorney an additional retainer to fund the work needed to prepare for trial and trial itself. You will be charged for costs, such as any transcript fees, witness fees, service fees, and expert-witness

If agreement has been reached on some issues, but not all, one of the attorneys will prepare a partial marital settlement agreement on agreed All disputed issues are set for trial.

Work with your attorney to prepare your case for divorce.

You will work hand-in-hand with your attorney to prepare your case for divorce.

Your attorney prepares witnesses, drafts trial exhibits, conducts legal research on contested issues, drafts pretrial motions with supporting affidavits, prepares direct and cross-examination of witnesses, prepares an opening statement, drafts subpoenas of witnesses, prepares a closing argument and suggestions to the court, and more.

Prior to trial, you will meet with your attorney on one or more occasions to prepare for trial and your trial testimony.

The court may order mediation or arbitration in an attempt to resolve all differences prior to your trial actually taking place. Alternative dispute resolution can take place at any time during the divorce process.

Either pre- or posttrial, the court may order each party to file a brief to address the law relative to disputed issues.

Trial is held, each party provides testimony and exhibits.

Trial is held. Each party provides testimony and exhibits setting forth his or her position relative to any disputed issues. Attorneys also generally make open- ing and closing statements. There are no jury trials in divorce actions in Wisconsin

The judge renders his or her decison.

One attorney, generally the petitioner’s attorney, prepares the findings of fact, conclusions of law, and judgment of divorce and submits it to the other attorney for approval as to form.

The findings of fact, conclusions of law, and judgment of divorce is then submitted to the court for its signature. This is the pleading that sets forth all of the terms of your divorce.

Your attorney completes necessary orders and documents to implement the terms of the divorce. These orders and documents cover transfers of real estate, retirement accounts, closing of credit cards, transfer of title, child support, maintenance payments, and more.

Schedule an appointment with Linda Vanden Heuvel, a top divorce attorney who wrote the book on divorce laws in Wisconsin! Vanden Heuvel & Dineen, S.C. has 6 locations across southeastern Wisconsin.

GERMANTOWN, WEST BEND, SISTER BAY, APPLETON, MILWAUKEE, STURGEON BAY

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davidlabsher · 7 years

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Income Tax Exemptions – Who is awarded?

Income Tax Exemption is Generally Awarded to the Custodial Parent

A parent can claim the dependency exemption for a child if the child lived with the parent for more than one-half of the tax year. IRC 152(c)(1)(B) As a result, unless there is an agreement or court order otherwise, the parent with primary placement is entitled to the income tax exemption. The custodial parent is the person having placement of the child for the greater portion of the year. This distinction is imperative to identify in a shared custody placement arrangement where placement is on a 50/50 basis. In the event a child spends the exact same number of nights with each parent, the parent with the highest adjusted gross income is entitled to the exemption. IRC 152(4)(B)(ii)

A parent with primary placement can waive his or her rights to getting the child as an exemption and provide the right to the other parent. This waiver requires execution of IRS Form 8332, which must be attached to the non-custodial parent’s income tax return. If there is a dispute relative to allocation of the income tax exemption, resolution is generally through the divorce or paternity court–not the IRS. It is good planning in your divorce or paternity judgment to provide that neither party can revoke an exemption waiver prior to filing taxes, which include the revocation, without prior court order.

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davidlabsher · 7 years

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Getting your Startup Visa: Seven Tips on Choosing the Right Immigration Attorney

While Congress is trying to decide on immigration reform, I’ve been through the excruciating, year-and-a-half-long process of getting a long-term US visa. I wasn’t looking to work for an American company. I was looking to build a company and create jobs on American soil.

After trials, tribulations and a couple rejections, here I am, finally staring at a shiny sticker inside my worn-out Belarusian passport.

As many will tell you, immigrating to the US is really tough. The best way to start your own process is by having a consultation with an immigration attorney.

I worked with two different law firms and learned the hard way that choosing the right immigration attorney is extremely important. I hope my experience can help moving your startup to the US.

*Since I’m a software engineer turned entrepreneur, not a lawyer, nothing in this post should be considered as legal advice.

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Tip 1: Don’t bargain hunt

Choosing blindly might result in you working with mediocre or terrible immigration attorneys. Some might be handling too many cases at the same time, thus making them unable to dedicate enough time for each client. Some don’t have enough experience in certain areas of immigration law. Some are just trying to charge the heck of their clients.

I’ve heard all kinds of horror stories and I had some bad experiences myself. Founders of technology startups should only work with the best attorneys. Time is precious. A few thousand dollars in savings are not worth months wasted because your visa petition was rejected.

But how do you find the best one? Well…

Tip 2: Get a referral from another founder

First of all, use your own network and try to find other founders who dealt with attorneys and obtained a long-term visa. The old fashion advice remains true: Word-of-mouth advertisement is powerful.

Can’t find those? Grow your network by flying to US for a few months on a standard B1/B2 visa. Attend events, network, invite other entrepreneurs for a coffee. FWD.us hosts some really good meetups that gather many international entrepreneurs.

Read Full Article Here: Getting your Startup Visa: Seven Tips on Choosing the Right Immigration Attorney

#law #lawyer #legal services

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