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Recent Blog Posts
When Are Non-Parents Eligible for Child Custody in Wisconsin?
Decisions about the custody and placement of children are often a factor in divorce proceedings or in cases where parents are unmarried. However, there are also situations where someone other than a child’s parents are closely involved in raising children. Non-parents who wish to obtain child custody rights for children in their care should be sure to understand how Wisconsin law applies to their situation.
Child Custody for Non-Parents
When making decisions about child custody, Wisconsin courts will act in the best interests of the child. In some cases, custody may be awarded to a child’s relative if the court finds that “neither parent is able to care for the child adequately or that neither parent is fit and proper to have the care and custody of the child.” Eligible relatives may include grandparents, aunts, uncles, stepparents, cousins, or siblings.
Wisconsin Real Estate Litigation: Settling Boundary Disputes
Purchasing real estate property is a major step in a person’s life, and property ownership provides a wide variety of benefits. However, those who invest in real estate will want to do everything they can to protect their investment, and this means that disputes can sometimes arise that must be settled through real estate litigation. Boundary disputes are one common issue that property owners may encounter and, in these cases, it is important to understand how Wisconsin laws can affect property ownership.
Boundary Disputes and Adverse Possession
Boundary disputes occur when neighbors disagree about the location of property lines. While a property survey can establish legal boundary lines, there are cases in which a person may be able to claim ownership of his or her neighbor’s property based on his or her use of that property. This is known as adverse possession.
Child Safety Tips for Avoiding Bicycle Accident Injuries
During the summer months, many people take advantage of the warm weather to enjoy time outdoors. Bike riding is a popular activity for families, but parents should be aware of the dangers that exist for children when using bicycles. Across the United States, nearly 630 children are injured every day in bicycle accidents. Collisions with larger vehicles can be especially devastating, and result in serious injuries, disability, or even death.
Bike Safety Tips
In order to protect children from bike accident injuries, parents should take steps to ensure they are safe when using bicycles, including:
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Always wear a helmet - Bicycle helmets are the most effective way to reduce the chances of head injuries and death in a bicycle accident. Parents should use the right size helmets for children and make sure the helmets fit correctly. A helmet should stay on the top of the head in a level position, and straps should fit snugly and comfortably around a child’s chin when buckled.
Establishing Paternity in Wisconsin
A child deserves to have a relationship with and receive support from both parents, whether his or her parents are married or unmarried. In cases when parents are not married at the time of a child’s birth, or when the identity of the child’s father is in question, it is important to follow the proper legal procedures to establish paternity. This will ensure that a child’s parents can exercise their parental rights and that the child will receive the financial support he or she needs from both parents.
Methods of Establishing Paternity
Wisconsin law recognizes three ways to establish paternity:
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Voluntary acknowledgement – Both parents may sign a Voluntary Paternity Acknowledgement form after a child is born. After doing so, the father’s name will be added to the child’s birth certificate. This form is available at all Wisconsin hospitals or at child support agencies, local Register of Deeds offices, or the state Vital Records Office. Before signing a Voluntary Paternity Acknowledgement form, parents should be sure that the alleged father is the child’s actual, biological father. If necessary, DNA testing may be performed prior to signing the form.
Penalties for Impaired Driving in Wisconsin
by Attorney Steven McGaver and Law Clerk Nick Nelson
Operating while under the influence of alcohol or other intoxicating substances is a serious offense that can greatly affect a person’s ability to drive, reputation, criminal record, insurance rates, finances, or even career. Offenses commonly known as “drunk driving” are known as Operating While Intoxicated (OWI) in Wisconsin, and drivers should be sure to understand the consequences they may face if they are arrested for OWI.
OWI Penalties
A person commits OWI if he or she operates a vehicle while under the influence of any substance that impairs his or her ability to drive safely. Drivers may also be charged with a Prohibited Alcohol Concentration (PAC) if their blood alcohol content (BAC) is .08 g/210L or higher (for drivers who have previously been convicted of three or more OWI charges or who are required to use an ignition interlock device, the legal limit is .02 g/210L) or if they have any detectable amount of a controlled substance in their system.
Wisconsin Business Formation: Which Option is Right for Me?
Business owners invest a great deal of time and money into their companies, and they will want to be sure they are able to reap the rewards for their efforts. When forming a business, it is important to select the correct entity that will allow you to file taxes properly and address liability issues.
Common business entities in Wisconsin include the following:
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Sole Proprietorship – In this type of business, there is no separation between the owner and the company. Revenue generated by the company is taxed as part of the owner’s income, and the owner is personally liable for business debts.
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General Partnership – This type of entity is similar to a sole proprietorship, except that ownership of a business is divided between two or more partners.
Wisconsin Commercial Litigation: Fighting a Breach of Contract Claim
When a business becomes involved in a legal dispute, it can have a major impact on the company’s bottom line. While the costs of commercial litigation can be significant, successfully defending against a lawsuit can help avoid being required to pay damages. Breach of contract lawsuits are one common type of commercial litigation, and business owners should be sure to understand their options for defending against accusations that they have not fulfilled their contractual responsibilities.
Breach of Contract Defenses
When a business is accused of breaching a contract, either in part or in full, it is important to raise every possible legal defense. A defendant in a breach of contract lawsuit may use “affirmative defenses” which argue that even if a breach occurred, certain circumstances occurred which caused the contractual agreement to be void. Some affirmative defenses include:
Summer Boating Safety and Accident Prevention
During the hot summer months, spending time on the water is a great way to enjoy the outdoors while staying cool. However, the increased use of boats during the summer leads to a higher likelihood of boat accidents, which can result in serious injuries.
The U.S. Coast Guard reported 4,291 boating accidents across the United States in 2017, resulting in 658 fatalities and 2,629 injuries. In Wisconsin, there were 106 reported incidents, which resulted in 25 fatalities and 79 injuries. Those who use boats can decrease the risk of boat accident injuries by following the proper safety measures.
Practicing Boat Safety
Boat operators and passengers can protect their safety by following these tips:
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Wear a Life Jacket – The number one cause of death in Wisconsin boating accidents is drowning. In 88 percent of fatal boating accidents, a person was not wearing a life jacket, and 53 percent of boat operators were not wearing life jackets when they were involved in an accident. Ensuring that boat operators and passengers are wearing the proper flotation devices can mean the difference between life and death in a boat accident.
Wisconsin Real Estate Litigation: Common Home Buyer Disputes
Buying or selling a home can be a lengthy, complicated process, requiring both parties, their real estate agents, and their attorneys to meet a variety of legal and financial requirements. Unfortunately, disputes can arise in which a party fails to abide by the terms of the purchase contract, and real estate litigation may be necessary to resolve these matters. Consider the following common issues that can lead to legal disputes in real estate transactions:
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Failure to disclose - Under Wisconsin law, a seller is required to fully disclose any known defects that affect the value of a property, present safety issues for those who use it, or result in a shortened lifespan for the premises. Failure to disclose required information may result in the buyer rescinding the purchase contract. Furthermore, in some cases, a seller may be required to pay damages to the buyer.
Understanding Wisconsin’s Driver’s License Point System
At some point in life, most people experience being pulled over by police or receiving a ticket for a traffic violation. While a traffic ticket can disrupt your life and affect your insurance rates, drivers may not worry too extensively about the consequences of these seemingly minor offenses. However, it is important to realize that each ticket received goes on your driving record, and multiple offenses may result in serious consequences to your license.
Wisconsin’s Point System
Under Wisconsin law, each moving violation that a driver receives assigns a certain number of demerit points to his or her driving record. Points vary depending on the seriousness of the offense, and some common violations and their point values include the following:
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Speeding up to 10 miles per hour over the speed limit – three points;
