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Recent Blog Posts
Recognizing Signs of Parental Alienation During a Wisconsin Divorce
Divorce is never easy for anyone, but for a child, coping with a divorce can be more difficult than it is for other members of the family. This is especially true for divorces that involve a lot of conflict or disagreements between the spouses. In high-conflict divorces, everyone feels the effects of the split, especially a child. In some cases, a parent may even use a son or daughter to his or her advantage during the divorce by pitting the child against their soon-to-be-ex spouse. Parental alienation is a serious issue present in some contentious divorces that can not only cause issues during the divorce process but can have lasting effects on the relationship between the child and his or her parents.
What Is Parental Alienation?
Parental alienation occurs when one parent uses various strategies and methods to isolate his or her child from the other parent and attempts to sabotage or harm the relationship between them. Most of the time, this type of behavior is intentional by the acting parent and is intended to “get back at” or hurt the other parent. While parental alienation is aimed at harming the other parent, the child becomes collateral damage and can suffer emotional and mental distress and other long-term effects.
What Are Wisconsin’s Firearm Possession and Carry Laws?
When our government was created, the Founding Fathers’ intention was to limit the amount of power that any one person or group of people could have, which is why there are certain things that the federal government does not regulate, such as licensing drivers or certain aspects of gun ownership. While there are federal gun laws that citizens of all states must abide by, each state is also responsible for creating and enforcing its own firearm regulations. The state of Wisconsin tends to be more of a firearm-friendly state and has somewhat less strict laws than other states. However, violating firearm possession laws can lead to serious consequences if you find yourself facing criminal charges.
Open Carry Laws and Limitations
All states are different when it comes to carrying firearms in public. Some states may require you to obtain a permit simply just to purchase and/or carry your firearm. Like other states, Wisconsin is an open carry state, meaning anyone who is over the age of 18 and is legally permitted to possess a firearm can carry one in public as long as it is not concealed. There are limitations to that rule, however. You are prohibited from openly carrying a firearm in the following places in Wisconsin:
Is It Possible to Modify My Existing Wisconsin Child Support Order?
When you get divorced as a parent, there are many extra things that you have to deal with that a childless person getting a divorce does not. In addition to deciding what you are going to do with the marital home, how you will split up your retirement funds, and who gets to keep the family pet, you will also have to determine how parenting time will be split up, where the children will live, and who will pay child support. Typically, the noncustodial parent, or the parent with the least amount of parenting time, is the one who pays child support to the other parent. Child support exists until the child turns 18 or finishes high school, but the terms of the support are not technically set in stone. Depending on your circumstances, you may be able to have your child support order modified in Wisconsin.
How Are Wisconsin OWI Charges Affected When a Minor is in the Vehicle?
The state of Wisconsin is one of the few states that still treat the first-time charge for operating a vehicle while intoxicated (OWI) as a moving violation rather than a crime. However, circumstances significantly change if a person has a minor who is under the age of 16 in the vehicle at the time the OWI is committed. In the past couple of years, Wisconsin lawmakers have made changes to some of the state’s drunk driving laws, with updated penalties for minor passengers being one of them. In many cases, offenders could see their criminal penalties as much as double if they were driving under the influence with a minor in the vehicle.
First and Second OWI With No Prior Offense
For a typical first or second OWI charge with no prior OWI charges in the preceding 10 years, an offender typically would face up to a $300 fine, up to a nine-month license suspension, and no jail time. However, if a minor was in the vehicle when the offense was committed, he or she could face between $350 and $1,100 in fines, a 12-18-month license suspension, and up to six months in jail.
What to Do if You Suspect Your Spouse Is Hiding Assets From You
How do you know when it is time to end a marriage? There is no correct answer to that question because there is a different “right” answer for everyone. Many people report feeling distant or emotionally separated from their partners well before they divorced, but many also report that they knew it was time for a divorce when they could no longer trust their spouse. When you cannot trust your spouse during your marriage, you probably cannot trust him or her during your divorce either. How do you know if your spouse is being truthful about everything he or she owns or how much money you both have? If you think that your spouse might be hiding assets from you, taking action is essential. Here are a few things you can do to begin your hunt for hidden assets:
Can My Child Be Tried As an Adult for Criminal Charges in Wisconsin?
As a parent, one of the worst phone calls you could receive is one from your child stating that he or she has gotten into trouble with the law. Being arrested and charged with a criminal offense is a serious situation, regardless of whether or not you are an adult or a child. If your minor has been arrested or has had a run-in with the law, you may be wondering if he or she will be tried as an adult or as a child. In many cases, a juvenile will be tried and sentenced through the juvenile justice system, which functions slightly differently than the adult criminal justice system. In some cases, however, a juvenile may be tried in adult court for certain crimes in Wisconsin.
17-Year-Olds Are Considered Adults
Wisconsin is still among the few states that always consider juveniles who are at least 17 years old to be “adults.” This means that if a 17-year-old is arrested and charged with a crime, his or her case automatically is sent to adult court, not juvenile court. However, those who were 15 or 16 at the time of the offense may be tried either as a juvenile or an adult. This decision is up to the court’s discretion and mainly depends on the nature of the offense and the possibility for rehabilitation.
How Is Child Custody Determined in Wisconsin Divorce Cases?
When you and your spouse decide to go your separate ways, there are many serious decisions that must be made about your child and your child’s future. You do not get to just simply walk away from your spouse after your divorce when you are a parent -- you must figure out a way to cooperate with one another for the sake of your child. One of the first things you and your spouse will have to agree on is who will have custody of your child and where your child will live. A Wisconsin child custody attorney can help guide you through the process.
Factors for Considering the Child’s Best Interest
Like most other states, Wisconsin courts presume that joint legal and physical custody is in the best interest of a child unless his or her mental, physical, or emotional health would be in danger if rights were awarded to both parents after the divorce. Legal custody and physical placement are decided on a separate basis, meaning it is possible for a parent to spend time with his or her child but have no decision-making capabilities.
What Are the Consequences of Boating Under the Influence in Wisconsin?
After several long months of winter weather, summer has finally arrived in Wisconsin. Even though this summer might look a little different than what we are used to, it is safe to assume that most people will attempt to continue with summertime activities, such as boating. In Wisconsin, boating is a favorite pastime for many. What some may not realize, however, is that boats fall under many of the same laws that other motor vehicles do -- especially when it comes to operating them while under the influence of drugs or alcohol. Therefore, it is important to understand the legal penalties for this type of criminal offense.
Dangers of Alcohol and Boating
Alcohol alters your perceptions of the world around you, which is why it is so dangerous to drive while under the influence. Boating is no exception. Alcohol is notorious for delaying reaction time and causing balance issues, both of which can already be exacerbated on a boat because of the vibrations and waves in the water. Drugs or alcohol can also impair your vision and depth perception, which is critical when navigating any type of watercraft.
What Are Wisconsin’s Retail Theft Laws and Their Penalties?
Shoplifting is not an uncommon crime in Wisconsin, even though the penalties for shoplifting charges can be severe in some situations. There are many different actions that could be considered shoplifting or retail theft under Wisconsin law. These could range from taking a shirt without paying for it to switching the price tags on an item. Depending on the value of the items that were taken, an alleged offender could face anywhere from a misdemeanor charge to a felony charge. Retail theft laws can be complicated, which is why an experienced criminal defense lawyer can help build a solid defense against such charges.
Types of Shoplifting
Shoplifting, which is also known as retail theft, consists of more than just stealing an item from the store. According to Wisconsin’s criminal statutes, a person is guilty of retail theft when he or she intends to permanently deprive the retailer of the value of the merchandise or product. This crime can also include the following actions:
What Happens to the Marital Home in a Wisconsin Divorce?
Everyone knows that divorce can be difficult for several reasons. For some people, the legal aspect of divorce is more difficult and stressful than the emotional impact. For others, the emotional side of divorce is the part that gives them trouble. Even things like the asset division process can be daunting, especially when dealing with things such as the marital home. For many people, their house may have significant meaning, and it may hold a special place in their hearts. Often, the marital home is the first house that the couple purchased together, and it may be where their children were raised. Deciding what to do with the marital home is only one step in the property division process, and it is not always easy. An experienced family law attorney can guide you through the proceedings and help you achieve a positive outcome.
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