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When Can I Modify My Child Custody and/or Placement Agreement in Wisconsin?
By When you are getting a divorce, arriving at an agreement on the legal custody and physical placement of your children can be a challenging process as you try to prioritize your children’s best interests while balancing the needs of both parents. It is not uncommon for this process to continue even after the issuance of your child custody order, as the needs of everyone involved may change in the years following your divorce. If you find that the original order is no longer feasible or desirable, it may be time to pursue a modification.
When Can Custody and/or Placement Be Legally Modified?
In most cases, a Wisconsin child custody/placement order cannot be modified for the first two years after it is issued. However, you may be able to make the case for an early modification if you can demonstrate that circumstances have changed such that the current order is dangerous or harmful to your children. This could be the case if information comes to light regarding the other parent’s abusive behavior, or the behavior of a new romantic partner introduced to the children. The court may also consider a modification to physical placement within two years if it does not substantially change the time that either parent spends with the children.
5 Common Causes of Distracted Driving in Wisconsin
Distracted driving is a major issue throughout the United States, contributing to more than 400,000 injuries and almost 3,000 deaths each year, according to the National Highway Traffic Safety Administration. In Wisconsin alone, distracted driving is a factor in over 24,000 annual car accidents, accounting for roughly 20 percent of all crashes. If you are injured by a distracted driver, understanding some of the common causes of distracted driving may help you make the case for the driver’s negligence.
What Behaviors Lead to Distracted Driving?
A variety of different behaviors can occupy a driver’s eyes, hands, or mental processes in a way that prevents them from fully attending to the task of driving and increases the risk of an accident. Some of the most common issues include:
- Using a cell phone. Phones and other mobile devices are perhaps the most well-known cause of distracted driving. Texting while driving is illegal in Wisconsin, but any form of handheld cell phone use can also be dangerous.
How Can I Assert My Constitutional Rights in a Criminal Proceeding?
Among other things, the United States Constitution’s Bill of Rights provides several protections for those who are facing a criminal arrest or trial. However, in the heat of the moment, it may be hard to know whether your rights are being honored and to ensure that you are taking full advantage of them. Taking the time to learn about your constitutional rights and how to assert them can often help you avoid an arrest or conviction in the event that you have a run-in with law enforcement.
Fourth Amendment Protections from Unreasonable Search and Seizure
The Fourth Amendment protects your person, house, papers, and effects from search and seizure without a warrant or probable cause, and it also states that a warrant must be specific with regard to the property to be searched and the potential items to be seized. There are a few circumstances in which law enforcement is permitted to perform a search without a warrant in Wisconsin, but if an officer attempts to search you or your property, you should always ask to see a warrant first, and you should clearly state that you do not consent to a search without a warrant. If an officer proceeds without a warrant, with an invalid warrant, or in a way that exceeds the scope of the warrant, your attorney can help you challenge the validity of the evidence obtained.
How to Co-Parent Effectively During the Holidays in Wisconsin
By Sharing physical custody of your children after a divorce can be a challenge throughout the year, but it is often especially difficult during the winter holidays. This year may be more difficult than ever as you balance your desire to spend time with family with the need to stay safe during the COVID-19 pandemic. In this year and others, it is important that you and your children’s other parent have a plan to co-parent effectively during the holiday season.
Suggestions for Holiday Co-Parenting
If you consider the following suggestions, you may be able to take some stress out of co-parenting both during this holiday season and in years to come:
- Address holidays in your parenting plan. Wisconsin law specifically mentions holidays as an important consideration when establishing a parenting plan during the divorce process. Making decisions about how you and the other parent will divide and share holiday time can help prevent uncertainty and conflict later on.
How Is Child Support Calculated During a Wisconsin Divorce?
As a parent, it is important for you to know that your children will continue to have a good life after your divorce. In part, this means making sure they will have the financial support that they need from both parents. Wisconsin law ensures that this is the case by including a child support order in any divorce involving minor children. Even so, it is reasonable to have questions and concerns about how the support order can affect you and your children. Understanding how child support payments are calculated can help to alleviate some of these concerns.
Child Custody and Support Calculations
The way child support is calculated in Wisconsin depends in part on the placement arrangement determined in the divorce resolution. If one parent is awarded primary placement (meaning the other parent has less than 92 overnights per year), the other parent will usually be obligated to pay child support based on a percentage of his or her gross income, depending on the number of children for whom support will be paid. For example, the parent who does not have primary placement can be ordered to pay 17 percent of his or her gross income for one child, 25 percent for two children, and up to 34 percent for five children or more.
When Can a Trucking Company Be Liable for a Truck Accident?
Accidents involving large trucks claim the lives of nearly 70 Wisconsinites each year and leave more than 2,000 injured, many of whom are the occupants of other vehicles. The dangers of truck accidents are clear, due to the large size of the vehicles and their heavy cargo. What is not always so clear is who is at fault. If you have been injured in a collision with a semi-trailer truck, you may assume that the truck driver is your only option for pursuing compensation, but in many cases, the trucking company that employs the driver may also be liable.
Trucking Company Negligence in Wisconsin Crashes
Usually, when a trucking company is at fault for an accident, it is because it failed to take the necessary measures to ensure the truck’s safe operation. Often, this means that a company violated regulations established by the Federal Motor Carrier Safety Administration (FMCSA). Some of the most common violations include:
- Hours of service: Truck drivers are only allowed to be on the road for a certain number of hours each day and each week, and their time behind the wheel must be interspersed with breaks and off-duty periods. Drivers must also keep detailed records of their hours of service. If an accident occurs because the driver was fatigued, the trucking company can be liable for failing to enforce the hours of service regulations or for encouraging the driver to falsify records.
What Factors Affect a Child’s Physical Placement in Wisconsin?
For parents and children alike, one of the hardest parts of a divorce is adjusting to a life split between two households. In most cases, neither parent is able to spend the time with their kids that they did before the divorce. This can be extremely difficult on an emotional level, and it can also involve logistical challenges related to arranging schedules and transportation.
You may take some solace in the fact that Wisconsin law recognizes the importance of a child’s relationship with both parents, and courts will usually make an effort to grant both parents meaningful time with their children. That said, it is still important that you understand the factors the court will consider in decisions regarding physical placement so that you can make a strong case for an arrangement that meets your family’s needs.
How to Pursue Compensation After a Wisconsin Pedestrian Accident
In 2018, more pedestrians were killed in car accidents nationwide than in any year since 1990, according to the National Highway Traffic Safety Administration (NHTSA). These effects are felt close to home in Wisconsin, where more than 50 pedestrians died and more than 1,400 were injured in the same year. If you are struck by a vehicle while walking on or near the road, your injuries can be especially serious, and it is important that you know your options for pursuing compensation.
Common Causes of Pedestrian Accidents
A variety of factors may be involved in an accident between a vehicle and a pedestrian. The NHTSA reports that some of the most common include:
- Low visibility: A large number of pedestrian accidents occur at night and in the dark, in part because of the difficulty drivers may have in seeing a pedestrian.
- Urban areas: 80 percent of pedestrian accidents occur in urban areas where there is a greater amount of both vehicle and pedestrian traffic.
Can I Modify My Spousal Maintenance Order in Wisconsin?
During a Wisconsin divorce, the court may decide to award spousal maintenance or alimony payments if one of the parties has a substantial need for support or if there is a significant difference in the income, assets, or earning capacity of the two spouses. However, a person’s financial situation is ever-changing, and in the months and years following a divorce, the original reasons for granting maintenance may no longer apply. If this has happened to you, you may be able to obtain a modification to your spousal support order.
Reasons for a Post-Divorce Modification of Spousal Support
As bothersome as you may find it to pay spousal support after your divorce, you cannot seek a modification simply because you no longer wish to pay. Rather, in order for your petition for modification to succeed, you will need to demonstrate a substantial change in circumstances. Any of the following could constitute a valid reason for pursuing a modification:
Understanding 3 Common Types of Adoption in Wisconsin
Adopting a child can make a huge difference in his or her life by providing a loving parent and a source of safety, support, and stability. That said, a successful adoption also requires a major commitment on the part of the parent, and that starts with making sure that you follow the appropriate legal procedures to make the adoption possible. Here are some important things to note about three common types of adoption to help you prepare for your adoption process:
Wisconsin Step-Parent Adoptions
If you have married someone who already has children, you may be able to proceed with a step-parent adoption to become their legal guardian. This is only possible if the children’s other biological parent is deceased or has had his or her parental rights terminated. During the process of a step-parent adoption, you may need to obtain consent to the termination of rights from the other parent, or you may need to demonstrate to the court that the other parent is unfit. You will then typically need to file a petition for adoption, submit to an investigation by the Wisconsin Department of Children and Families (DCF), and attend a court hearing where the judge will rule on the adoption.
