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How Is Child Custody Addressed in a Same-Sex Divorce?
By: Since 2014, same-sex marriage has been legal in Wisconsin, and LGBTQ couples have the same rights as opposite-sex husbands and wives. These rights also extend to divorce, and if a same-sex couple chooses to end their marriage, each spouse’s rights will be protected when addressing issues such as property division and spousal support. Same-sex parents will also usually have the right to share child custody. However, there are some complications that may arise in these cases, and LGBTQ parents should be aware of how these matters may be handled when they get divorced or when partners break up.
Issues Related to Child Custody in an LGBTQ Divorce
Wolf v. Walker, the Wisconsin Supreme Court case that legalized same-sex marriage, made it clear that when the state’s laws refer to a “husband and wife,” this also includes same-sex couples. This means that same-sex parents will share the same rights toward children as opposite-sex parents. This may become an issue when determining paternity for a child. If a child is born to a mother who is legally married, her spouse will be recognized as the child’s parent, regardless of that spouse’s sex. This will ensure that a same-sex spouse will have parental rights if the parents get divorced, even if the spouse is not the child’s biological parent.
What Are My Options if I Was Excluded from a Loved One’s Will?
When a person creates a last will and testament, they will make decisions about what should be done with their property and assets after their death. A person may choose to divide their assets among their loved ones, including their spouse, children, or other family members, and they may also specify that money or assets should be donated to charity or used for other purposes. In some cases, a person who expected to receive an inheritance may find that they were excluded from their loved one’s will, and they may wish to pursue probate litigation to address this issue. In these situations, a person will need to understand their rights and legal options.
Contesting a Will in Wisconsin
The terms of a person’s last will and testament will generally be followed, as long as the will was valid and executed correctly. In some cases, a presumed beneficiary may contest the validity of a will. A beneficiary may claim that the person did not have “testamentary capacity,” meaning that they were not of sound mind when they created their will or did not fully understand the decisions being made. A will may be challenged if a beneficiary believes that someone exerted “undue influence” on the person, such as by threatening or coercing them into creating a will that went against their actual wishes. Challenges to a will may also be based on claims of fraud or forgery, such as the belief that the will was altered by another party after it was signed.
When Can Beneficiaries Pursue Trust Litigation Against a Trustee?
There are multiple types of trusts that can help protect assets. When a trust is created, assets will be placed in the control of a trustee, who will ensure that money or property will be properly distributed to the beneficiaries named in the trust. However, disputes can sometimes arise between the beneficiaries of a trust and the trustee. In these cases, beneficiaries will need to understand their legal options, including whether they can pursue litigation and what remedies may be available for a breach of trust.
Breach of Trust Litigation
A trustee owes a fiduciary duty to the beneficiaries of a trust. This means that they are required to act in the beneficiaries’ best interest when managing the assets in the trust and distributing assets to beneficiaries. Beneficiaries may believe that a trustee has committed a breach of trust if they failed to follow their fiduciary duty. For example, a trustee may be accused of mismanaging the trust’s assets or using assets in the trust to pay themselves more than what would be appropriate. A trustee may also have a conflict of interest when managing assets, such as by using the funds in the trust to invest in a business that they own.
How Would Britney Spears’ Conservatorship Be Handled in Wisconsin?
Issues related to adult guardianship have been in the news recently due to a prominent legal case involving Britney Spears. The pop star has spoken out against the conservatorship that has given her father and others control over her life and finances. Because of this, people in Wisconsin may be curious about their own rights in guardianship cases. Those who are looking to establish guardianship or conservatorship for an adult and people who may need assistance with their personal or financial needs can consult with an estate planning attorney to understand their rights and options.
Details of Britney Spears’ Conservatorship Case
As a person who is in the public eye, Britney Spears’ personal struggles have been well-known. Following a meltdown in the mid-2000s, she was placed on an emergency psychiatric hold, and this led people close to her to establish a conservatorship in which her father, Jamie Spears, and other people assumed control over her personal and financial affairs. While some people involved have stated that this conservatorship was meant to be temporary, it has remained in place for 13 years. Ms. Spears has attempted to get out of this legal agreement, and she has claimed that she has been forced to take medications against her will and that she has no control over whether she can get married or have children. Notably, Jamie Spears has received compensation for serving as his daughter’s conservator, including an annual salary of $130,000 and a percentage of the revenues from her performances.
How Can Dog Bite Victims Pursue Compensation for Their Injuries?
For many people and families, dogs are loving companions. Because of this, it can be easy to forget that dogs can also be dangerous, and they can inflict serious injuries when they bite or attack someone. By working with a personal injury attorney, dog bite victims can take legal action to pursue financial compensation that addresses their injuries and any other damages they have suffered.
Liability for Dog Bites Under Wisconsin Law
Victims of dog bite injuries have the right to pursue compensation from an animal’s owner or another person who was in control of a dog, such as a landlord or pet sitter. Wisconsin law states that a dog’s owner can be liable for the full amount of the damages inflicted by their pet when a dog injures a person or another domestic animal or causes damage to property.
An owner may be liable for injuries inflicted by their dog, even if they did not know that a dog had dangerous or aggressive tendencies or if the dog had not previously bitten or attacked anyone. However, if a dog did have a history of aggressive behavior, a dog’s owner may be required to pay additional damages. If a dog bites someone with force strong enough to break the skin, resulting in permanent scars or disfigurement, and the dog’s owner knew that the dog had previously bitten someone without provocation and inflicted the same types of injuries, the owner may be required to pay two times the amount of a victim’s damages.
How Does Helmet Use Affect Motorcycle and Bicycle Accident Cases?
Drivers of motor vehicles are required to act safely and take all necessary measures to prevent harm to others who use the roads. Drivers should be sure to understand that motorcycles and bicycles have the right to share the road, and they should follow the correct traffic laws at all times when driving near these vehicles. When bicyclists or motorcyclists are involved in collisions with cars or trucks, they are likely to be seriously injured. In some cases, a driver may claim that they were not responsible for the injuries in a motorcycle accident or bicycle accident because the person was not wearing a helmet. In these situations, injury victims will need to understand their rights and determine how helmet use will affect their ability to receive compensation for their injuries.
Wisconsin Helmet Laws
The state of Wisconsin strongly recommends that motorcyclists and their passengers and bicyclists wear helmets that meet or exceed the standards for protecting against brain injuries. However, the state does not require either adults or children to wear helmets when riding bicycles. Motorcyclists who are at least 18 years old are not required to wear helmets, but helmets are required for cyclists and passengers under the age of 18. Helmets are also required for people with motorcycle learning permits and any passengers they are carrying.
Who Is Liable for Injuries That Take Place on or Around Golf Courses?
While golf is usually not considered to be a dangerous sport, there are many ways that golfers may be injured, and other people on or near golf courses can also suffer harm due to the actions of golfers or other parties. When these injuries occur because of negligence, victims may be able to pursue compensation through a personal injury claim or lawsuit. However, some unique legal issues can play a role in these cases, and an experienced attorney can help victims understand their rights and options.
Liability for Golf Course Accidents and Injuries
People who are injured on or around a golf course will need to determine the party or parties responsible for causing them harm and determine whether they have a valid claim for compensation against these parties. Some common golf course injuries include:
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Being struck by a golf ball - After being struck by a golf club, a golf ball can travel at more than 100 miles per hour, and it can strike a person with over 1,000 pounds of force. This can inflict serious injuries, especially if a person is hit in the head. A person who suffers this type of injury may be able to pursue compensation if they can show that a person acted negligently, such as by failing to warn others of a ball that was hit in their direction. In some cases, a victim may also be able to hold the owner of a golf course liable for the failure to protect people’s safety by enforcing rules, or a golf course’s designer may be liable if the course was designed in a way that put people at an unreasonable risk of being struck by an errant ball.
What Are My Options if I Was Injured by Fireworks?
Over this past Fourth of July, many people enjoyed using or watching fireworks. While they can be a fun way to celebrate the holiday, fireworks can also be very dangerous, and if they are defective or used incorrectly, they can cause serious injuries. Those who have suffered harm or property damage due to dangerous fireworks will want to work with a personal injury attorney to determine how they can recover financial compensation from those who were responsible.
Fireworks Injuries Have Increased in Recent Years
While people regularly suffer injuries from fireworks, the number of people who have been injured has risen over the past few years. The Consumer Product Safety Commission (CPSC) reports that in 2020, more than 15,000 people suffered fireworks-related injuries that required treatment in an emergency room. This was a significant increase from around 10,000 injuries in 2019. The number of deaths related to fireworks also increased, with 18 people being killed in 2020, while 12 people died in 2019.
Cell Phone Use Can Lead to Car Accidents, Even With Hands-Free Devices
The use of cell phones and other types of handheld electronic devices has grown significantly over the last couple of decades, and it is likely to continue to increase in the future. The dangers of using electronic devices while driving has become well-known, and to prevent car accidents, talking on cell phones or texting while driving has been discouraged. Many states, including Wisconsin, have passed laws prohibiting drivers from using handheld devices while behind the wheel. However, drivers are still allowed to use hands-free devices such as Bluetooth headsets or speaker systems that connect with their phones. While these types of devices are often seen as safe ways to make phone calls while driving, they may also contribute to dangerous motor vehicle accidents.
Are Hands-Free Devices Safer Than Handheld Devices?
Distracted driving can involve three components: visual distractions in which a person is not looking at the road, manual distractions in which a person uses their hands for tasks other than driving, and cognitive distractions in which a person pays attention to non-driving conversations or activities. While hands-free devices can reduce manual distractions and visual distractions (although a person may still need to look at and touch a phone to make and receive calls), cognitive distractions will still be present while a driver is carrying on a conversation with someone.
Can I Face Criminal Charges for Boating While Intoxicated in Wisconsin?
As the weather continues to warm up during the summer, more and more people will be spending time on boats and enjoying the many rivers and lakes in Wisconsin. Boating can be a fun and relaxing activity, and it often involves the consumption of alcohol. However, boat operators should be aware that the same laws apply to them as to drivers of motor vehicles. This means that if a person operates a boat while they are under the influence of alcohol or other intoxicating substances, they could face criminal charges of Operating While Intoxicated (OWI).
Penalties for Boating Under the Influence in Wisconsin
Wisconsin’s OWI laws apply to those who operate motorboats. The legal blood alcohol content (BAC) limit of .08% is in effect for boat operators, and a person may be charged with a criminal offense if a chemical test shows that they were above this limit while engaging in the operation of a motorboat. The legal limit for commercial motorboat operators is .04%. Boat operators may also face criminal charges if they have any amount of an illegal controlled substance in their system, and those who are under the age of 21 may be charged if they have a BAC higher than 0.0%
