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Protecting Your Small Business in Divorce

Mon, 06 Apr 2026 15:37:42 GMT

Divorce and Your Small Business: What’s at Risk?

For small business owners, divorce isn’t just personal, it’s financial. Your business may represent years of hard work, steady income, and your family’s future. Unfortunately, in Wisconsin, it may also be considered marital property.

Under Wisconsin law, most assets acquired during marriage, including small businesses, are subject to division in divorce. That means your company could be:

Divided between spouses
Offset against other marital assets
Evaluated and partially awarded to your spouse

Without a clear legal strategy, you risk losing control of the business you built.

Working with an experienced local firm like Kaminski & Pozorski can help you take proactive steps to protect what matters most.

How Wisconsin Courts Handle Small Businesses in Divorce

Business Valuation Matters

Before anything is divided, your business must be valued. This process considers:

Revenue and profit trends
Equipment and physical assets
Customer base and goodwill
Future earning potential

An inaccurate valuation can significantly impact your financial outcome.

Ownership Doesn’t Always Equal Control

Even if your name is the only one on the paperwork, your spouse may still have a legal interest especially if they:

Helped run the business
Contributed financially
Supported the household while you built the company

Liquidity Can Be a Challenge

Small businesses aren’t easily split. Courts often look for practical solutions, such as:

Buying out your spouse’s share
Trading other assets (like retirement accounts or property)
Structuring payments over time

Smart Strategies to Protect Your Business

1. Keep Finances Separate

Avoid mixing personal and business finances. Clean records make it easier to argue that your business should remain yours.

2. Use Prenuptial or Postnuptial Agreements

If you’re planning ahead, these agreements can define ownership and protect your business before issues arise.

3. Create a Buy-Sell Agreement

This legal tool can limit ownership transfer and set terms if a divorce occurs, helping prevent unwanted disruption.

4. Get Legal Advice Early

The sooner you get involved with a knowledgeable attorney, the more options you’ll have. Early planning can make the difference between keeping or losing control of your business.

Attorneys at Kaminski & Pozorski understand both family law and business law, giving small business owners a strategic advantage.

Why Small Business Owners Choose Local Legal Guidance

Divorce laws may be statewide, but how they’re applied can vary locally. Choosing a firm with deep roots in your community matters.

Kaminski & Pozorski offers:

Decades of experience in Wisconsin family law
Insight into small business structures and operations
Personalized strategies tailored to your business
Strong negotiation and courtroom representation

Their combined knowledge helps ensure your business is treated not just as an asset but as a vital part of your livelihood.

Don’t Wait to Protect What You’ve Built

If you’re a small business owner facing divorce, timing is critical. Early decisions can impact your ownership, income, and long-term stability.

Getting the right legal guidance now can help you:

Preserve control of your business
Minimize financial disruption
Plan for a stable future

Final Thoughts

Divorce doesn’t have to mean losing your business. With the right strategy and experienced legal support, you can protect your company and move forward with confidence.

If your small business is at risk, working with a trusted firm like Kaminski & Pozorski can help you safeguard your hard work and your future. If you have questions about your particular situation, call us at (920) 684-6694 or contact the law office online to schedule a free initial consultation.

What Counts as Child Abuse by a Parent in Wisconsin — and What Happens Next

Fri, 06 Mar 2026 15:55:31 GMT

When a parent in Wisconsin harms their child or fails to protect them, the consequences — legal, familial, and personal — can be severe. It’s important for everyone to understand what actions qualify as child abuse under state law and the possible outcomes a parent might face if accused or found responsible.

What Wisconsin Considers Child Abuse by a Parent

In Wisconsin, child abuse refers to behavior that causes harm or serious risk of harm to a child under age 18. This applies equally to biological parents, adoptive parents, or other adults legally responsible for a child’s care. WomensLaw.org+1

1. Physical Abuse

This includes non-accidental physical injury — meaning harm caused on purpose, not by accident. Examples might include hitting, shaking, burning, or causing injuries that a reasonable person would not expect in normal daily life. Child Welfare Information Gateway

Wisconsin courts balance this against something called “parental privilege,” which legally allows reasonable discipline by a parent — but only if it’s not excessive, cruel, or harmful. Hitting that results in bruising or broken skin can be ruled abusive. LegalClarity

2. Sexual Abuse or Exploitation

A parent can be accused of sexual abuse if they engage in any sexual contact with the child , allow or encourage sexual activity, show sexual acts or their own genitals to the child, or involve the child in prostitution or exploitation. Child Welfare Information Gateway

3. Emotional Abuse

If a parent neglects or refuses to obtain treatment for a child who needs care for serious psychological or emotional difficulties — and this neglect leads to severe anxiety, depression, withdrawal, or behaviors outside typical development — it can be considered emotional abuse. Child Welfare Information Gateway

4. Harm to an Unborn Child

Wisconsin law also considers it abuse if a pregnant person’s severe alcohol or drug use puts the developing baby at serious risk of harm by the time the child is born. Child Welfare Information Gateway

5. Dangerous Environments

A parent can also be responsible for abuse if they create a hazardous environment — for example, manufacturing methamphetamine in the presence of a child or in a home where a child lives. Child Welfare Information Gateway

What Can Happen to a Parent Accused of Child Abuse

If a parent’s conduct meets the legal definitions of child abuse (or neglect), Wisconsin law provides multiple paths for consequences:

�� 1. Child Protective Services (CPS) Investigation and Action

When abuse is reported, CPS conducts an assessment of the child’s safety and the family situation. This is focused first on protecting the child, not guilt or punishment. Wisconsin DCF

If CPS finds credible evidence that abuse occurred, the parent is labeled the “maltreater.” This report becomes part of their record with the child welfare agency. Wisconsin Law Help

Possible CPS outcomes include:

Safety plans : Conditions parents must follow to keep the child at home.
Court petitions : CPS may ask a judge to intervene if the child isn’t safe.
Out-of-home placement : Temporary removal of the child to a relative or foster care if needed. Wisconsin Law Help

�� 2. Criminal Charges and Penalties

Child abuse isn’t just a CPS matter — many forms of abuse are also criminal offenses in Wisconsin. Prosecutors can file charges depending on the severity and intent of the harm.

Examples of potential criminal consequences:

Class I felony – Recklessly causing bodily harm to a child: up to ~3.5 years in prison and fines.
Class H felony – Intentionally causing bodily harm: up to ~6 years imprisonment and fines.
Class F / E / C felonies – More serious harm or repeated abuse: up to 12+ years to 40 years in prison and large fines.

In especially severe cases (like abuse resulting in great bodily harm or death), the penalties increase accordingly and may include life-altering sentences.

�� 3. Loss of Parental Rights and Custody Consequences

Even without criminal charges, a substantiated abuse finding can affect custody, visitation, and parental rights — especially in family court proceedings. Judges prioritize the best interest and safety of the child, and may:

Limit or supervise visitation
Remove custody from a parent
Terminate parental rights in extreme cases where the child is unsafe long-term.

�� 4. Long-Term Personal and Legal Impacts

A finding or conviction can affect many areas of a parent’s life:

Criminal record — which can impact employment, housing, and immigration status.
Restricted access to children — through supervised visitation or permanent loss of rights.
Civil liability — the injured child (through a guardian) may be able to pursue a civil lawsuit for damages.
Mandatory reporting consequences — mandated reporters who fail to report suspected abuse can face fines or jail for not reporting in good faith.

What If Discipline Was “Reasonable”?

Wisconsin law recognizes parental authority and allows parents to discipline children — but only when it’s reasonable and doesn’t cause excessive harm . If discipline crosses the line into cruelty or causes significant injury, legal protections no longer apply and the parent can still face CPS and criminal consequences.

In Summary

When a parent harms or fails to protect a child, Wisconsin takes it seriously . Here’s a snapshot:

✔ Child abuse by a parent can include physical injury, sexual abuse, emotional harm, or creating dangerous environments for a child. Child Welfare Information Gateway
✔ CPS can investigate and intervene to protect the child and offer services or court-ordered oversight. Wisconsin DCF
✔ Criminal charges may be brought, with penalties ranging from years in prison to significant fines.
✔ Family law consequences may include custody loss or termination of parental rights. LegalClarity
✔ Long-term impacts can affect a parent’s reputation, record, employment, and rights.

Consult an Attorney Today

Child abuse in Wisconsin and divorce cases require a nuanced understanding of Wisconsin law and the family court system. If you have questions about your particular situation, call us at

(920) 684-6694 or contact the law office online to schedule a free initial consultation.

Let our experienced team help you protect your family’s future.

Grandparents’ Rights in Wisconsin Divorce Cases: What You Need to Know

Fri, 06 Feb 2026 16:04:53 GMT

Grandparents’ Rights in Wisconsin Divorce Cases: What You Need to Know

Written by the family law team at Kaminski & Pozorski – Manitowoc, Wisconsin
Serving families in Manitowoc, Sheboygan, Green Bay, Fond du Lac, Appleton and throughout northeastern Wisconsin.

Divorce is one of the most emotional and stressful events a family can face. In addition to dividing assets and determining custody, many grandparents wonder: “Do I have legal rights to see my grandchildren?” The answer isn’t always simple — especially in Wisconsin family law.

Do Grandparents Have Rights in Wisconsin?

The short answer: Wisconsin does not automatically grant custody or visitation rights to grandparents during a divorce — but under certain circumstances, they can ask the court for visitation.

Under Wisconsin Statute § 767.43 , the court may award visitation rights to “another person,” which can include grandparents, but only when specific criteria are met.

When Can Grandparents Petition for Visitation?

Grandparents may petition for court-ordered visitation if one of the following applies:

�� After Divorce or Legal Separation

If the parents are divorced, separated, or in the process of divorce, a grandparent may file a petition for visitation rights with the court.

�� If a Parent Has Died

A grandparent may petition the court if their own child (the parent of the grandchild) has passed away.

�� Established Relationship with the Child

A grandparent may be able to seek visitation if:

The child has lived with the grandparent for a significant period, or
There is a strong, pre-existing relationship similar to a parent-child bond.

However, grandparents do not have automatic rights , and even when they petition, the court must carefully consider whether visitation is appropriate.

The Court’s Main Consideration: Best Interests of the Child

When deciding whether to grant visitation, Wisconsin courts focus on what serves the best interests of the child. The court may consider:

The strength and history of the relationship between the grandparent and child
Whether ongoing contact would benefit the child emotionally and socially
If denying visitation would harm the child’s well-being

At the same time, Wisconsin law also recognizes that fit parents have the fundamental right to decide who their children see and interact with. The court gives special weight to a fit parent’s decision — meaning grandparents must overcome a presumption that a parent’s decision is in the best interest of the child.

What Grandparents Cannot Do

It is important for grandparents and families to understand that:

Grandparents generally cannot obtain custody simply because they want more time with their grandchildren.
Courts will not usually intervene if both parents object to grandparent visitation and the family is intact.
Special circumstances — such as neglect, abuse, or unfit parenting — may give grandparents more grounds to petition, but these cases require strong evidence and legal support.

Why You Need an Experienced Wisconsin Family Lawyer

Navigating grandparent visitation rights — especially during a divorce — can be legally complex and emotionally charged. Schools, workplaces, and family dynamics all factor into custody, visitation, and parenting time decisions.

At Kaminski & Pozorski , our family law attorneys have helped families in northeastern Wisconsin for over 40 years . We provide compassionate guidance , deep statutory knowledge, and thoughtful advocacy whether you are:

Defending against a grandparent visitation petition
Assisting a grandparent seeking visitation
Navigating divorce and custody matters involving complex family relationships

✔️ We explain Wisconsin grandparents’ rights clearly.
✔️ We help you evaluate legal strategies that protect your family.
✔️ We represent you in negotiations and, if necessary, in court

Consult an Attorney Today

Grandparent rights issues in divorce and custody cases require a nuanced understanding of Wisconsin law and the family court system. If you have questions about your particular situation, call us at (920) 684-6694 or contact the law office online to schedule a free initial consultation .

Let our experienced team help you protect your family’s future.

Can a Spouse Get More Than 50% of Assets in a Wisconsin Divorce?

Wed, 07 Jan 2026 15:09:48 GMT

If you’re going through a divorce in Wisconsin, you may be wondering:

Can my spouse (or I) get more than half of our assets?

The answer is yes — depending on the circumstances.

Wisconsin is a marital property state , which means courts start with a 50/50 split. But that’s only a presumption , not a guarantee.

Here’s when a spouse can get more than 50% in a Wisconsin divorce.

When Courts Award More Than 50% of Assets

Wisconsin judges can divide property unequally if an equal split would be unfair. Common reasons include:

1. Major Premarital Assets

If one spouse entered the marriage with significantly more property, a court may award them a larger share.

2. Short Marriage

Short-term marriages often result in uneven division, especially when one spouse contributed more financially.

3. Large Difference in Earning Capacity

If one spouse earns far more or has greater future earning potential, the other may receive more than half.

4. Age or Health Issues

A spouse facing disability, illness, or limited future income may receive a greater portion of assets.

5. Wasting or Hiding Assets

If a spouse gambled, hid, or improperly spent marital funds, the other may be compensated with a bigger share.

6. Contributions to Career or Household

Spouses who supported the other’s education, career, or stayed home with children may be awarded a larger portion.

What About Inheritances or Gifts?

Individual inheritances, gifts, and certain personal injury awards are normally excluded — unless they were mixed with marital funds, in which case they may be divided.

Bottom Line

A 50/50 division is the starting point, but Wisconsin courts can — and often do — adjust property division for fairness.

Yes, a spouse can absolutely receive more than 50% of the assets.

Contact Us

If you’re in Manitowoc, Green Bay, Appleton, Sheboygan, Kewaunee, or the surrounding area and need assistance with holiday visitation, parenting plans, or family law matters, please contact Kaminski & Pozorski at (920) 684-6694 for a free consultation.

Navigating the Crossroads: Key Decisions When Considering Divorce in Wisconsin

Fri, 05 Dec 2025 17:25:39 GMT

Navigating the Crossroads: Key Decisions When Considering Divorce in Wisconsin

Deciding to end a marriage is one of the most significant and emotionally challenging choices a person can make. It involves careful consideration of personal, emotional, and legal factors. If you are in northeastern Wisconsin and contemplating divorce, understanding the legal landscape and your options is crucial for protecting your interests and your future.

Kaminski & Pozorski , a local firm in Manitowoc with over 40 years of experience, specializes in guiding clients through these difficult times with both expert legal counsel and compassionate support.

Critical Questions to Ask Yourself

Before moving forward, take time for self-reflection and consider these essential questions:

Have communication and trust broken down completely? While some issues can be resolved with counseling, a persistent lack of trust or an inability to communicate effectively can be strong indicators that the marital bond has irrevocably weakened.
Are your fundamental values and future goals misaligned? People evolve, and sometimes spouses grow in different directions. If your core values or vision for the future are no longer compatible, divorce may be the most authentic path forward.
How will this impact my well-being and my children? You must balance your own needs with the impact on others. Consider how the current marital stress affects your children and whether a different family dynamic, post-divorce, might be healthier for all involved.
Have you exhausted all other options? For some, marriage counseling or a trial separation can provide the clarity needed to make a final decision.
Am I prepared for the financial realities? Divorce can lead to a change in the standard of living or financial independence. Gathering information about your financial situation is a critical preparatory step.

Legal Considerations in Wisconsin

Wisconsin is a no-fault divorce state, meaning that the court does not consider marital misconduct (like affairs) when granting a divorce; the only requirement is that the marriage is irretrievably broken.

However, significant legal issues remain to be addressed, including:

Property Division: Wisconsin is a community property state, meaning assets acquired during the marriage are generally divided equally.
Child Custody and Placement: The court's primary concern is always the best interests of the child when determining legal custody and physical placement schedules.
Spousal Support (Alimony) and Child Support: These decisions are based on specific guidelines and individual circumstances.

The Importance of Legal Guidance

Deciding whether to divorce is a personal journey, but the process of a divorce requires experienced legal guidance. An attorney can help you understand your rights, navigate complex legal procedures, and advocate for your best interests.

Kaminski & Pozorski often encourages clients to consult with them six to eight weeks before filing for divorce to help identify key issues early in the process.

If you are in Manitowoc, Green Bay, Sheboygan, or the surrounding area and need assistance with family law matters, the team at Kaminski & Pozorski is ready to guide you through every step of the process. Contact their law firm today for a free consultation at (920) 684-6694 to confidentially discuss your options and determine the best path forward for you and your family.

Navigating Holiday Visitation in Wisconsin Divorce Cases

Tue, 04 Nov 2025 18:02:38 GMT

Insights from Kaminski & Pozorski of Manitowoc

The holiday season often brings joy—but for families navigating divorce or separation, it can also bring conflict, uncertainty, and questions about visitation. At Kaminski & Pozorski in Manitowoc, Wisconsin, our family-law team has decades of experience guiding parents through the complex terrain of holiday visitation, custody agreements, and the unique challenges that arise during the end-of-year season.

In this blog, we’ll walk through common issues that arise with holiday visitation in Wisconsin divorce cases, how local courts tend to view these issues, practical tips for parents, and how our Wisconsin-based (northeastern Wisconsin) law firm can help you proactively address these matters.

1. Why the Holidays Pose Special Visitation Challenges

While standard visitation schedules may work for most of the year, the holidays add layers of complexity:

Multiple special days: Christmas Eve, Christmas Day, New Year’s Eve, New Year’s Day, and other holidays may all be at issue.
Extended travel and obligations: Out-of-town relatives, travel logistics, school vacations, and weather delays all complicate scheduling.
Heightened emotions: For many children, holidays carry significant emotional weight. As one parent may feel a sense of ownership of “their” special day, conflict often arises.
Ambiguity in parenting plans: Many parenting orders were drafted without detailed holiday provisions and thus leave room for disagreement.
Changing circumstances: What worked last year may not work this year—children get older, travel becomes easier or harder, parents relocate, etc.

Because of these factors, it’s wise to treat holiday visitation as a distinct negotiation point rather than simply an extension of regular weekends.

2. How Wisconsin Law and the Courts Approach Holiday Visitation

In Wisconsin, visitation (often called “physical placement” or “parenting time”) and custody (legal decision-making) are guided by the “best interests of the child” standard. While there is no statute that dictates exactly how holidays must be divided, the following are relevant considerations:

The court will look at how the holiday schedule fits with the child’s regular routine and whether it promotes stability, school, extracurricular activities, and parental involvement.
Parenting plans that are clear and comprehensive—including holiday schedules—are strongly preferred, as they reduce conflict and ambiguity.
Modifications may be warranted if there is a substantial change in circumstances (for example, one parent relocating, significant travel burdens, or new work schedules).
Courts admire arrangements that reflect cooperation and communication between parents—shared flexibility is often rewarded.

At Kaminski & Pozorski, we consistently advise clients that the holiday component should be explicitly addressed in the parenting plan—either initially or via amendment—to avoid last-minute scrambling and arguments.

3. Key Components to Address in a Holiday Visitation Schedule

When drafting or modifying a parenting plan around the holidays, consider the following elements to ensure clarity and reduce conflict:

Which days: Specify each holiday (e.g., Christmas Eve, Christmas Day, New Year’s Eve, New Year’s Day, possibly Thanksgiving) rather than lumping them generically.
Time periods: Define start and end times (for example: “Parent A to have the child from 5 p.m. on December 24 through 10 a.m. on December 26”).
Alternation pattern: If holidays alternate between parents each year, indicate how the rotation works (“even years Parent A has Christmas Eve; odd years Parent B has Christmas Day,” etc.).
Travel logistics: Address who is responsible for transportation, pick-up/drop-off location and times, and what happens if weather/travel disruptions occur.
Extended vacation/remote travel: If one parent may take the child out of state or for an extended period over winter break, set rules or guidelines for that scenario.
Virtual/phone contact: If one parent has limited time, build in virtual visitation (video-call check-ins) so the child can stay connected.
Back-up plan: Define what happens in unexpected circumstances (e.g., illness, travel delay, parent’s work obligations) to avoid claims of “I should have had the child but the other parent didn’t show up.”
Communication expectations: Encourage respectful communication between parents regarding holiday plans, changes, and coordination of the child’s activities.
Vacation days from school: Many schools release children for winter breaks—decide how those days integrate with the holiday plan.

By addressing each component, parents reduce the likelihood of misunderstandings and litigation. At our firm, we strongly encourage including holiday visitation specifics in the parenting plan rather than leaving things vague.

4. Practical Tips for Parents Facing Holiday Visitation Issues

Begin early: Fathers and mothers alike benefit from beginning holiday discussions well before December. Delays increase stress and risk of conflict.
Put it in writing: Whether through the court-ordered parenting plan or a signed written addendum, avoid oral agreements only—they’re harder to enforce if disputes arise.
Focus on the child’s experience: The more parents keep the child’s sense of holiday continuity, tradition, and joy in mind, the smoother the transition.
Be flexible—but have boundaries: Flexibility fosters goodwill, but avoid giving up your time just because the other parent asks last minute. If you say “yes” voluntarily, make sure it’s documented.
Document changes: If a parent agrees to modify the plan (say, trade Christmas Day for New Year’s Day) get it in writing (email, text) so both sides are clear.
Consider mediation: If you and the other parent struggle to agree on the holiday schedule, mediation (or collaborative law) can avoid court and preserve the co-parenting relationship.
Prepare for “what-ifs”: Weather, travel delays, illnesses, job demands—set up backup provisions so neither parent is left scrambling.
Avoid using the child as a message bearer: Let the child enjoy the holiday without being put in the middle of adult disputes.
Know when to modify: If circumstances change (relocation, a parent’s job hours change, the child’s school or extracurricular schedule changes), revisit the parenting plan rather than let it become outdated.

5. How Kaminski & Pozorski Can Help You in Northeast Wisconsin

Based in Manitowoc with service to Green Bay, Sheboygan, Kewaunee and the Fox Valley region, our firm brings more than 40 years of experience assisting families with divorce, custody, visitation, and parenting plan modifications.

Here’s how we assist clients facing holiday visitation issues:

Initial consultation and strategy: We’ll assess your existing parenting plan (or absence of one), review your holiday goals, and help you develop an arrangement that works for you and your child.
Drafting or amending parenting plans: Whether you’re going through an initial divorce or seeking to modify an existing order, we will help you craft clear, enforceable holiday visitation provisions.
Mediation and negotiation: We assist in resolving holiday-time disputes without full-blown litigation, helping parents reach workable agreements peacefully and efficiently.
Litigation when necessary: In high-conflict cases where negotiation fails, our trial-experienced lawyers are prepared to advocate your interests in court.
Enforcement & modification: If a parent isn’t following the holiday schedule, or if your circumstances have changed and modification is needed, we guide you through the legal process.

Because we’re local to Northeast Wisconsin and know the courts, the community and local dynamics, we can offer advice that’s grounded in practical, region-specific experience.

6. Takeaway: Start Planning Now

If you have a divorce, separation, or custody order and holidays are approaching, now is the time to:

Review your parenting plan and see how holidays are addressed (or not).
Identify what you’d like for your child during the holidays, and what time you’d like to have.
Communicate with the other parent early, respectfully, and preferably in writing.
If needed, consult an attorney (such as Kaminski & Pozorski) to draft or amend the plan so the holiday schedule is clear and enforceable.
Preserve the child’s best interests—emphasizing stability, tradition, and minimal conflict.

At Kaminski & Pozorski, we understand that the holiday season is sacred time for families—even those experiencing transitions. We believe that with the right preparation and legal support, your child can enjoy meaningful, joyful holidays with both parents—and without the stress of unresolved visitation disputes.

Contact Us

If you’re in Manitowoc, Green Bay, Sheboygan, Kewaunee or the surrounding area and need assistance with holiday visitation, parenting plans, or family law matters, please contact Kaminski & Pozorski at (920) 684-6694 for a free consultation.

Let us help you make this holiday season as smooth and positive as possible for you and your family.

A Compassionate Approach to Family Law in Manitowoc, Wisconsin: Insights from Kaminski & Pozorski

Thu, 04 Sep 2025 14:10:44 GMT

A Compassionate Approach to Family Law in Manitowoc, Wisconsin: Insights from Kaminski & Pozorski

Navigating a family law matter is often one of the most challenging and emotionally charged experiences a person can face. Whether you are dealing with a divorce, a custody dispute, or a change in your family structure, the legal process can be overwhelming. In these sensitive times, having a knowledgeable and compassionate legal partner is not just a luxury—it's a necessity.

For families in Manitowoc and the surrounding areas, Kaminski & Pozorski is a law firm that understands the complexities of family law. With a deep commitment to the community they serve, their attorneys offer both expert legal guidance and a human touch, helping clients navigate these difficult waters with confidence.

What is Family Law?

Family law is a broad practice area that encompasses a range of legal issues affecting families and domestic relationships. While divorce is a common reason people seek a family law attorney, the field also includes:

Child Custody and Placement: Determining legal custody (decision-making authority) and physical placement (where the child lives and for how long) is a critical part of any family law case involving children. Wisconsin law, as outlined in Chapter 767 of the state statutes, prioritizes the best interests of the child.
Child Support: This involves the financial support one parent provides to the other for the care of their children. The amount is determined based on Wisconsin's child support guidelines, taking into account each parent's income and other factors.
Divorce and Legal Separation: Wisconsin is a "no-fault" divorce state, meaning a divorce can be granted if the marriage is "irretrievably broken" without needing to prove fault. Issues addressed in a divorce include property division, spousal maintenance (alimony), and child-related matters.
Paternity: When a child is born to unmarried parents, a paternity action may be necessary to establish the legal father and address issues of custody, placement, and child support.
Adoption: The process of legally forming a family through adoption, which can be a joyous but legally complex process.
Post-Judgment Modifications: Family circumstances change. A family law attorney can assist with modifying existing orders for custody, placement, or child support due to a significant change in circumstances.

The Kaminski & Pozorski Difference

What sets Kaminski & Pozorski apart in the Manitowoc legal community is their commitment to providing personalized attention and practical solutions. They understand that a one-size-fits-all approach doesn't work for family law.

Local Knowledge, Personal Service: As Manitowoc natives, the attorneys at Kaminski & Pozorski have a deep understanding of the local community and court system. They are dedicated to helping their neighbors and offer a level of personal service that can be hard to find at larger firms.
A Focus on Practical Solutions: While they are skilled courtroom advocates, the attorneys at Kaminski & Pozorski recognize that many family law disputes are best resolved through negotiation and mediation. They work to find amicable solutions that reduce conflict and stress for everyone involved, especially for children.
Experienced Representation: With decades of combined legal experience, the firm’s attorneys are well-versed in Wisconsin family law. They provide a calm and steady hand, helping clients understand their rights and obligations and develop a sound legal strategy.

If you are facing a family law issue in the Manitowoc area, don't navigate it alone. Seeking the guidance of a knowledgeable and empathetic attorney can make all the difference. The team at Kaminski & Pozorski is ready to help you through every step of the process, ensuring your rights are protected and your family's best interests are at the forefront.

Understanding Key Terms in Wisconsin Child Custody Law

Mon, 04 Aug 2025 20:14:45 GMT

Understanding Key Terms in Wisconsin Child Custody Law

In Wisconsin, the legal terms surrounding child custody can be confusing, as they're often used interchangeably in everyday conversation. However, each term has a distinct legal meaning. Knowing the difference between legal custody , physical placement , and visitation is crucial for anyone navigating a divorce, separation, or paternity case.

Legal Custody

Legal custody is the right to make major life decisions for a child. This has nothing to do with where the child lives. Instead, it refers to a parent's authority to make important choices about their child's education, healthcare, and religious upbringing. For example, a parent with legal custody would decide which school their child attends, consent to non-emergency medical procedures, or authorize them to join the military.

Physical Placement

Physical placement refers to the schedule of when a child lives with each parent. This is what most people mean when they talk about "custody" or "visitation" in a general sense. Physical placement schedules can vary widely, from a child living with one parent for the majority of the time to an equal split between both parents. During your designated physical placement time, you have the right to make all the day-to-day decisions for your child.

Visitation

Visitation has a very specific and narrow meaning. Unlike legal custody and physical placement, it doesn't apply to parents. Instead, it gives a non-parent—such as a grandparent, other relative, or stepparent—the right to spend time with a child under limited circumstances.

The main takeaway is to always use the correct legal terminology to ensure your case is handled properly. If you have questions about what these terms mean for your specific situation, it's a good idea to consult a legal professional.

Seek Experienced Legal Guidance

If you are facing a divorce and have questions about property division in Wisconsin, it is crucial to consult with an experienced family law attorney. The decisions made during this time will have long-lasting effects on your financial well-being.

Contact Kaminski & Pozorski today at (920) 684-6694 to schedule a free initial consultation, or visit our website at Kaminski & Pozorski to learn more about how we can assist you.

Kaminski & Pozorski – Your dedicated legal partners for family law matters in Manitowoc, Wisconsin.

Navigating Property Division in Wisconsin: Insights from Kaminski & Pozorski

Wed, 02 Jul 2025 16:22:58 GMT

Understanding Equitable Distribution in Manitowoc Family Law

Divorce is a complex process, and among its most significant challenges is the fair division of marital property. At Kaminski & Pozorski, your trusted legal partners in Manitowoc, we understand that every family's situation is unique, and we are dedicated to guiding our clients through the intricacies of property division with prompt, attentive, and practical legal solutions.

For over 40 years, families across northeastern Wisconsin have relied on our extensive experience and deep local roots. As Manitowoc natives, our attorneys are committed to providing you with a clear understanding of your rights and legal options when it comes to dividing assets and debts in a divorce.

What Does "Equitable Distribution" Mean in Wisconsin?

Wisconsin is an "equitable distribution" state when it comes to property division. This means that upon divorce, marital property is not necessarily divided equally (50/50), but rather in a way that the court deems fair and equitable. While the law generally presumes that an equal division is equitable, there are many factors that can lead to a different outcome.

Marital property typically includes all assets and debts acquired by either spouse during the marriage, regardless of whose name they are in. This can encompass a wide range of items, such as:

Real Estate: The marital home, vacation properties, or investment properties.
Financial Accounts: Bank accounts, savings, stocks, bonds, and retirement funds (401ks, IRAs, pensions).
Vehicles: Cars, boats, and other recreational vehicles.
Businesses: Ownership interests in a family business or closely held company.
Personal Property: Furniture, jewelry, art, and other valuables.
Debts: Mortgages, car loans, credit card debts, and other liabilities.

Factors Influencing Property Division

When determining an equitable division, Wisconsin courts consider numerous factors, including but not limited to:

The length of the marriage.
The property brought to the marriage by each party.
The contribution of each party to the marriage, including non-monetary contributions as a homemaker or parent.
The age and physical and emotional health of the parties.
The earning capacity of each party, including their educational background, training, and employment opportunities.
The desirability of awarding the family home or the right to live therein for a reasonable period to the party having custody of any children.
The tax consequences to each party.
Any prenuptial or postnuptial agreements.
Other factors that the court may deem relevant.

How Kaminski & Pozorski Can Help

Navigating property division requires a thorough understanding of the law, meticulous financial analysis, and strategic negotiation. Our attorneys at Kaminski & Pozorski are skilled in assessing complex financial situations, valuing assets, and advocating for your best interests. We strive to achieve fair settlements outside of court whenever possible, minimizing stress and cost. However, should litigation become necessary, our extensive trial experience provides a significant advantage, ensuring your case is strongly represented.

We are committed to providing clear communication and personalized attention throughout the entire process, empowering you to make informed decisions about your future.

Seek Experienced Legal Guidance

Contact Kaminski & Pozorski today at (920) 684-6694 to schedule a free initial consultation, or visit our website at Kaminski & Pozorski to learn more about how we can assist you.

Kaminski & Pozorski – Your dedicated legal partners for family law matters in Manitowoc, Wisconsin.

Divorce Timeline and Key Considerations

Wed, 28 May 2025 20:38:55 GMT

At a minimum, there is a mandatory 120-day waiting period between filing for divorce and the earliest possible finalization. However, unless you and your spouse have already reached a full agreement on all major issues, most divorces take significantly longer. There is much to work through from the initial filing to the final divorce decree.

Key issues that typically need to be resolved include:

Division of property
Child custody and placement
Child support
Spousal maintenance (alimony)

Some of these may not apply to your situation, but for cases without full agreement, both parties' attorneys—and sometimes the court—must gather detailed information to support arguments and reach decisions. While property division is usually final and not subject to modification after the divorce is finalized, custody, support, and maintenance can often be modified as circumstances change.

Because property division is permanent, it’s essential to have a clear and accurate understanding of all marital debts and assets to ensure a fair division. Meanwhile, any arrangements for custody, child support, or maintenance should consider the child’s best interests and ensure both parties can meet their basic living needs.

Given the 120-day waiting period and the time required for information gathering and negotiation, the divorce process can take a while. Many people have urgent concerns during this time—like how to co-parent effectively, maintain financial stability, or manage living arrangements.

In such cases, a Temporary Order may be needed. This can be agreed upon by both spouses, ordered by the court, or a combination of both. Temporary Orders outline what should happen while the divorce is pending and may address:

Who pays which bills
A temporary custody or placement schedule
Temporary child support or spousal maintenance
Who remains in the marital home
Use of vehicles and other day-to-day matters

It’s important to remember that these orders are meant to be short-term solutions based on limited information. As the case progresses and more details become available, the terms of the Temporary Order often change.

If you're concerned about a Temporary Order, keep in mind: it is temporary and likely to be revised as the divorce proceeds.

Kaminski & Pozorski is your Full-Service Family Law Practice, located in Manitowoc Wisconsin . Call us at (920) 684-6694 to schedule a free initial consultation or visit our website at https://www.kaminskiandpozorski.com/ .

SEEKING A FAMILY LAW ATTORNEY?

Fri, 25 Apr 2025 18:53:30 GMT

Are you facing a family law issue in the state of Wisconsin? Whether you’re going through a divorce, dealing with child custody issues, or navigating a complex adoption process, it’s important to have a knowledgeable and experienced attorney on your side.

At Kaminski & Pozorski , our team of family law attorneys has years of experience helping clients throughout Manitowoc and the surrounding areas with their legal needs. We understand that family law matters can be emotional and stressful, and we are here to provide you with the guidance and support you need during this difficult time.

In our consultation we will be explaining the legal process for divorce and property division to discussing the factors courts consider when determining child custody and support arrangements, we will provide you with valuable information to help you navigate your case successfully.

Additionally, we will share tips and advice for handling common family law issues, as well as updates on any changes to Wisconsin’s family law statutes that may impact your case. We are committed to keeping you informed and empowered as you work through your legal matter.

If you’re in need of a family law attorney in Manitowoc, look no further than Kaminski & Pozorski. Contact us today to schedule a consultation and let us help you protect your rights and achieve the best possible outcome for your case.

 Kaminski & Pozorski is your Full-Service Family Law Practice, located in Manitowoc Wisconsin . Call us at (920) 684-6694 to schedule a free initial consultation or visit our website at https://www.kaminskiandpozorski.com/ .

Wisconsin’s Perspective to Fathers and Custody

Mon, 17 Mar 2025 14:31:34 GMT

It is understandable that custody matters are often highly contested in family law, as both parents only want what is best for their children during a divorce. There is a common assumption that mothers will be granted primary custody, leading fathers to question their chances of being awarded custody and the legal landscape surrounding such requests in their state.

In Wisconsin, child custody decisions are based on the child’s best interests, as outlined in statute 767.41(5). Factors considered include the child’s age, adjustment to home and community, parent-child relationship, promotion of a healthy relationship with the other parent, presence of domestic violence, and issues with drug or alcohol abuse. Importantly, parental gender is not a factor in determining custody, and there is no automatic assumption that the mother will be the primary custodian.

Wisconsin law typically favors joint custody, where both parents are involved in major decisions like religion and schooling. However, the parent who can prove to have been the primary caregiver and have a close relationship with the child may have an advantage in court for primary placement, often resulting in mothers being awarded custody. Yet, this is not a legal presumption, and both parents must demonstrate that their proposed custody and parenting plans are in the child’s best interests.

If a father can show that he is more suitable for primary placement, there is no legal barrier to him obtaining custody. For guidance on custody matters and how courts determine the child’s best interests, reach out to us for assistance in understanding your circumstances and taking the necessary steps to prioritize your child’s well-being.

Contact us today for a consultation!

Phone: (920) 684-6694
Email: info@kaminskiandpozorski.com
Office Address: 846 North 8th Street, Manitowoc, WI

Protecting Your Children During and After a Divorce

Thu, 16 Jan 2025 17:46:10 GMT

A parent navigating a divorce may not only experience the sorrow of their marriage ending and the strain of dividing assets and finances but also the concern of protecting their children throughout the process. While it may be impossible to completely shield your children from the emotional impact of a divorce, there are steps you can take to lessen the effect on them.

You and Your Ex-Partner

To reduce the stress divorce places on your children’s well-being, it’s crucial to take steps to minimize conflict between you and your ex-partner. A key starting point is agreeing to refrain from speaking negatively about the other parent in front of the children. This includes avoiding critical remarks to friends or family when the children are nearby. Even if your children seem distracted or occupied, they are often listening. Hearing negative comments about a parent can lead children to internalize the criticism. Furthermore, although you and your ex-partner are no longer married, your children still rely on both of you to treat each other respectfully and to reassure them that they are not responsible for the divorce. By cooperating and maintaining civility, you provide them with the stability and support they need.

Prepare for Reactions

When parents divorce, family dynamics shift dramatically, and children’s perceptions of themselves and their family can be affected. Like their parents, children must adjust to new living conditions. They may react to these changes in various ways. For instance, younger children may become confused and stressed by the disruption of their routine and may exhibit behavioral issues. Older children, while cognitively aware of the situation, may still feel guilty or blame themselves. It’s important to stay vigilant for signs of emotional distress and be ready to talk to your children or seek appropriate support to help them process their feelings.

Consider a Non-Adversarial Process

The way you choose to approach your divorce will significantly influence how your children are affected, both during and after the process. Opting for a non-adversarial divorce method is often less stressful for everyone, as it focuses on cooperation rather than conflict. For example, using mediation to settle divorce matters allows the parties to avoid hostile court proceedings and resolve their differences in a way that meets everyone’s needs. Those choosing a Collaborative Divorce agree to work together openly and amicably with the support of trained professionals, outside of the litigation system. This process helps the parties reach solutions that prioritize the well-being of the entire family. By choosing a cooperative path, you reduce conflict and make decisions that benefit your whole family.

The end of a marriage affects every family member, including the children. However, there are ways to protect and support your children during and after the divorce. We have extensive experience assisting families through this challenging time and can offer the guidance and support you need. We are here to help.

Contact us today for a consultation!

Phone: (920) 684-6694
Email: info@kaminskiandpozorski.com
Office Address: 846 North 8 ^th Street, Manitowoc, WI

Navigating Family Law in Manitowoc: Insights from Kaminski & Pozorski

Fri, 15 Nov 2024 20:18:00 GMT

Welcome to the Kaminski & Pozorski Law Firm Blog!

At Kaminski & Pozorski, we understand that family law matters are often emotional and complicated. Whether you're facing a divorce, custody dispute, or need guidance on child support or adoption, our experienced attorneys are here to provide expert legal advice and compassionate representation in Manitowoc, Wisconsin, and surrounding areas.

In this blog, we will regularly share insights and tips on various family law issues that can help you navigate the complexities of family matters with confidence.

Understanding Family Law: What You Need to Know

Family law encompasses a broad range of legal issues that affect families, relationships, and children. At Kaminski & Pozorski, we believe it’s important for you to have a clear understanding of your rights and obligations in any family law situation. Here’s an overview of some common family law issues that people in Manitowoc may encounter:

1. Divorce and Legal Separation

Divorce can be a challenging and emotionally draining process. In Wisconsin, divorce is typically granted on the grounds of irretrievable breakdown of the marriage. This means that one or both spouses believe that the marriage cannot be repaired.

When facing a divorce, you will need to address a range of issues, including:

Property Division : Wisconsin follows the principle of "equitable distribution," meaning assets and debts are divided fairly, though not always equally.
Alimony/Spousal Support : Depending on factors like the length of the marriage and the financial standing of each spouse, one spouse may be required to pay alimony to the other.
Child Custody and Visitation : Wisconsin courts make decisions based on the best interests of the child, which includes factors such as the child's relationship with each parent and the ability of each parent to provide care.

2. Child Custody and Parenting Plans

If you have children, child custody is one of the most important issues to address in any divorce or separation. Wisconsin law emphasizes the importance of shared parental responsibility. In most cases, both parents are encouraged to participate in decision-making regarding the child’s health, education, and general welfare.

Parents are also required to develop a parenting plan , which outlines the custody arrangement and visitation schedule. If parents cannot agree, the court will decide based on what is best for the child, considering the child’s age, stability, and relationship with each parent.

3. Child Support

Child support in Wisconsin is determined based on a formula that takes into account parents' income and the amount of time each parent spends with the child. The goal of child support is to ensure that the child’s financial needs are met, and that both parents contribute to the child’s upbringing.

If there is a change in circumstances, such as a significant change in income or custody, either parent can request a modification of the child support order.

4. Domestic Violence and Protection Orders

Family law issues also include situations of domestic violence. If you or your children are victims of abuse, Wisconsin law provides protective measures, including temporary restraining orders (TROs) and injunctions for protection . These orders can keep an abusive spouse or partner away from you and your children and can be crucial in ensuring safety during a separation or divorce.

If you’re experiencing domestic violence, don’t hesitate to seek legal assistance from our team at Kaminski & Pozorski. We can help you navigate the process of obtaining a protective order and ensure that your safety and your family's safety are prioritized.

5. Adoption and Parental Rights

Adoption is a beautiful way to build or expand your family, but it also involves a detailed legal process. Whether you're looking to adopt a child through an agency, private adoption, or even a step-parent adoption, Kaminski & Pozorski can help guide you through the legal procedures.

We also handle termination of parental rights cases, where one biological parent may voluntarily relinquish or be legally stripped of their rights due to certain circumstances. These cases are sensitive and require careful consideration, but we are here to provide support.

Why Choose Kaminski & Pozorski for Family Law Matters?

When dealing with family law issues, it's crucial to have experienced legal representation that understands both the law and the emotional complexities of family matters. Kaminski & Pozorski brings over 25 years of combined legal expertise in Manitowoc and surrounding areas.

Our Approach:

Personalized Attention : Every family law case is unique, and we tailor our approach to your specific needs. We take the time to listen to your concerns and explain your options in clear, straightforward language.
Compassionate Support : We understand the emotional toll family law matters can take, and we're here to provide you with the compassionate, empathetic support you deserve.
Skilled Negotiators and Advocates : While we strive to reach amicable solutions through negotiation and mediation, we are also prepared to fight for your rights in the courtroom if necessary.

Get Started with Kaminski & Pozorski Today

If you are facing a family law issue in Manitowoc, or if you simply have questions about your legal rights, don’t hesitate to reach out. Our team at Kaminski & Pozorski is ready to guide you through every step of the process. Whether you're dealing with divorce, custody disputes, or need advice on any family-related legal matter, we are here to help.

Contact us today for a consultation!

Phone: (920) 684-6694
Email: info@kaminskiandpozorski.com
Office Address: 846 North 8 ^th Street, Manitowoc, WI

Alimony: Will I Have to Pay, and If So, for How Long?

Wed, 02 Oct 2024 14:10:42 GMT

Divorce can be one of the most financially challenging events in life. During marriage, couples often pool their financial resources to cover essential expenses like rent, groceries, and utilities. After the divorce, each spouse must rely on their own finances to get by. In some instances, one spouse may be required to pay alimony, known as spousal maintenance in Wisconsin, especially when there's a significant income disparity. This court-ordered support aims to help the economically disadvantaged spouse maintain a comparable standard of living.

Clients frequently ask whether they will be obligated to pay maintenance, how much, and for what duration. There is no universal formula for determining the amount or length of spousal maintenance payments. Each case is unique, and spousal maintenance orders depend on various factors, including the requesting spouse's financial need versus the other spouse's ability to pay. Courts often consider how long the marriage lasted, with longer marriages typically increasing the likelihood of an award.

In many cases, the court will specify both a start and an end date for maintenance payments. For instance, payments might be set for a certain number of years or until the receiving spouse completes a degree. In rare cases, payments may be indefinite, meaning the paying spouse continues to provide support until the recipient passes away, remarries, or requests a modification in court.

If circumstances change, the paying spouse can petition the court to lower or eliminate the maintenance payments based on their financial situation.

Remember, seeking the guidance of an experienced family law attorney will significantly increase your chances of a successful resolution. Contact Kaminski & Pozorski , located in Manitowoc, WI today for a Free Consultation .

THE MEDIATION PROCESS IN WISCONSIN

Thu, 05 Sep 2024 14:46:42 GMT

Mediation is a powerful tool for conflict resolution used in many legal areas, including family law. The process of Mediation usually involves the parties, their Attorneys in some instances and a third party mediator. Mediation is a valuable tool that aims to help divorcing couples solve their disputes peacefully. The Mediator, who is neutral and unbiassed, is there to help them find common ground and to work through disagreements, that to the parties, may seem, at first, impossible to solve. Using various techniques, Mediators can help bridge the gap between the parties and secure not only a resolution to the issues that separate the parties but hopefully to preserve some level of respect that each of the parties will need to show to one another following the divorce process, for any variety of reasons.

In Wisconsin there are two types of Mediation. The first, and common Mediation, is the Mediation that the Court Orders to help parties try and resolve differences in child custody/placement issues. The Mediator is usually a licensed professional, normally a counselor, that assists the Court in meeting with the parties in trying to work out a visitation/placement schedule. It is very informal. The parties attend these Mediations by themselves without their attorneys or friends. If the Mediation is successful, a report is provided to the Court and to the parties’ Attorneys for review. If there is no objection, the Court then adopts the Mediation report and Enters an Order resolving that dispute. Again, this is a very informal process.

FORMAL MEDIATION

The Circuit Court in Wisconsin is required to address Alternative Dispute Resolution (ADR). ADR can take many different forms. It could take the form of Binding Arbitration, Non-Binding Arbitration, or Mediation. This Mediation, which is usually used at the end of a case and immediately prior to Trial, seeks to help the parties reach a global resolution on all issues. It might result in a Settlement on the issue of placement and custody if the informal Mediation referred to above was unsuccessful, property division, Maintenance/Alimony, and a myriad of other issues. It is a much more Formal proceeding. The Mediator is usually a Retired Judge or a lawyer that has a number of years of experience dealing with family law cases. At this Mediation session, the Attorney’s are present and actively participating in the negotiation with the Mediator and the other party.

By having your Attorneys present, emotions are less likely to play a factor. Many times, when Mediation fails, it is because the parties succumb to emotions, which does nothing but impede the process. At Kaminski & Pozorski LLC , our Attorneys have successfully participated in a countless number of Mediations that have secured global resolutions, short of lengthy and costly Trials. Please feel free to call Kaminski & Pozorski LLC if you have any other questions regarding your divorce.

WHEN SOMEONE IS NOT FOLLOWING THE COURT ORDER IN A FAMILY ACTION AND WHAT TO DO!

Tue, 30 Jul 2024 14:46:17 GMT

When you obtain a court order after months of litigation, sleepless nights, and mountains of attorney bills, you expect that this court order will be followed. However, what happens when your former spouse or the other parent in your matter does not follow the court order? What are your remedies and what can you expect to happen?

If you are faced with a situation where a party is not following a court order, you may be able to file a motion to have him or her found in “contempt.” Contempt is a legal term which means that a person is deliberately and intentionally not following a court order. The remedy for a contempt can ranges from financial sanctions, jail time and attorney fees.

At the contempt hearing it is important that you have evidence supporting your claim for contempt. For instance, if you file a contempt motion because the other parent has not reimbursed you for half of the kid’s expenses, the court is going to want to have evidence that 1) the expenses was actually incurred 2) you presented the expense and the receipt and 3) he or she refused to pay. In this circumstance, if you file a contempt, but do not have evidence that you provided the expenses request (email, or certified mail) the court will be unable to find that the other parent acted intentionally in not paying you. Accordingly, he or she will not be found in contempt. Conversely, if you have documentation of emails, letters or the like requesting reimbursement and the other parent simply refuses it is likely the court will find him or her in contempt. A person can be found in contempt for failure to follow any court order and the evidence required to support your client will vary. It is crucial for the success of your claim that you have all the supporting documentation before you file.

If you are successful at a contempt hearing and the court finds the other party in contempt, he or she must be granted a purge. A purge is a set of conditions that need to be complied with to avoid jail time. If a purge is not met, then the other party will have to serve the jail sentence ordered at the contempt hearing. If the purge is met, then the reason for the contempt has been alleviated and the issue is considered resolved.

Attorney fees may be awarded if you are successful with your motion. The amount of attorney fees awarded will vary depending on the circumstances of each case, the severity of the contempt and the amount of financial damage the contempt cost you. It is also possible that you will not receive attorney fees despite the court finding the other party in contempt. Contempt motions can be incredibly detailed and require evidentiary hearings. However, it is important that you do not tolerate the non-compliance of a court order. Meet with an attorney to discuss your options. At Kaminski & Pozorski , we will meet with you to discuss your case and help you evaluate your options so you can determine the best course of action. Kaminski & Pozorski is your Full-Service Family Law Practice, located in Manitowoc Wisconsin . Call us at (920) 684-6694 to schedule a free initial consultation or visit our website at https://www.kaminskiandpozorski.com/ .

Navigating Family Law in Wisconsin: A Guide to Understanding Your Rights and Options

Fri, 31 May 2024 19:49:56 GMT

Welcome to our blog dedicated to exploring the intricacies of family law in the state of Wisconsin. Family law encompasses a wide range of legal matters, from marriage and divorce to child custody and support. Whether you're considering a marriage, going through a divorce, or facing a custody dispute, understanding your rights and options is essential. In this blog, we'll delve into various aspects of family law in Wisconsin, providing insights, tips, and resources to help you navigate these often complex and emotional legal issues.

1. Marriage and Divorce: In Wisconsin, marriage is a legal contract between two individuals, and like any contract, it comes with rights and responsibilities. We'll discuss the legal requirements for marriage in Wisconsin, including the process for obtaining a marriage license and the rights and obligations that come with marriage.

Divorce is never easy, but understanding the divorce process in Wisconsin can help alleviate some of the stress and uncertainty. Kaminski & Pozorski, located in Manitowoc Wisconsin , will explore the grounds for divorce, property division, spousal support (alimony), and other key issues that arise during divorce proceedings.

2. Child Custody and Support: Child custody and support are often the most contentious issues in family law cases. In Wisconsin, the court's primary concern in custody matters is the best interests of the child. Kaminski & Pozorski will discuss the different types of custody arrangements, how custody decisions are made, and factors the court considers when determining custody.

Child support is another important aspect of family law in Wisconsin. We'll explain how child support is calculated, modifications to child support orders, and enforcement mechanisms for unpaid child support.

3. Paternity: Establishing paternity is crucial for both parents and children. We'll outline the methods for establishing paternity in Wisconsin and discuss the rights and responsibilities that come with legal paternity.

4 Domestic Violence and Protective Orders: Domestic violence is a serious issue that affects families across Wisconsin. We'll discuss the legal protections available to victims of domestic violence, including restraining orders (also known as protective orders) and resources for survivors.

5. Resources and Support: Navigating the complexities of family law can be overwhelming, but you don't have to do it alone. We'll share information about resources available to individuals and families facing legal issues, including legal aid organizations, support groups, and other helpful services.

Conclusion: Family law matters are deeply personal and often emotionally charged, but having a basic understanding of your rights and options can make a world of difference. Whether you're considering marriage, going through a divorce, or facing a custody dispute, the legal system in Wisconsin offers protections and resources to help you navigate these challenges. We hope this blog serves as a helpful resource as you navigate the complexities of family law in Wisconsin.

Contact Kaminski & Pozorski, located in Manitowoc, Wisconsin at 920-684-6694 to set up your free consultation.

What if your spouse won’t agree to a divorce?

Wed, 01 May 2024 16:11:21 GMT

By the time it becomes clear that a marriage is broken, both spouses are usually more or less able to accept the inevitable and work together to end their marriage.

What if your spouse is unwilling to acknowledge the reality of your situation? Can they simply refuse to “give you a divorce?”

Wisconsin is a no-fault state.

In the past, it was much harder to get a divorce without a spouse’s consent because one person had to be “at fault” for the end of the marriage. That meant that either one spouse had to admit to some kind of legal grounds for a divorce, like adultery, or the other spouse had to make the allegation and provide proof.

However, Wisconsin is now a “no-fault” state . Either spouse can ask for a divorce based on the idea that there has been an irretrievable breakdown in the relationship.

It takes two committed people to make a marriage – but only one to make a divorce happen. If you’re ready to divorce and your spouse is refusing to cooperate, you still have a way out. Talking with someone who understands the law and the options available to you can help you see the path forward.

Contact Kaminski and Pozorski today for a FREE Consultation. Kaminski and Pozorski is located in Manitowoc, Wisconsin and can be reached at (920) 684-6694 .

BENEFIT OF HIRING A FAMILY LAW ATTORNEY

Fri, 29 Mar 2024 14:22:21 GMT

In times of economic downturn, it can appear that hiring an attorney for your divorce or paternity matter is too expensive of an investment. In Wisconsin, anybody can file a divorce, paternity, or other family law related matter without an attorney. It is an especially attractive idea when the other parent or party in the action appears to agree with all the issues that may arise in family law related matters. However, things can quickly change in family law cases (which includes divorce, initial paternities, requests to change placement, custody or child support, or requests to change maintenance or alimony, etc.). Hiring an attorney can be an extremely helpful investment in the following circumstances:

Attorneys who commonly practice in the family law area are familiar with what Court Commissioners and Judges expect to hear in these cases. For example, if you are requesting a change in placement, the Court will need to understand when the last order regarding placement occurred, and the type of change that may have occurred to show why a change may be in a child’s best interest.

Attorneys know what paperwork needs to be filed to effectively use your Court time and ensure that your case is heard. For example, some counties require specific documentation to be filed to get a court date in a divorce proceeding.

Attorneys know why certain agreements may be very helpful to avoid returning to court, or may have unintended, negative consequences. For example, if parties agree to divide a 401k in a divorce, certain, specific paperwork is needed to divide the 401k without incurring penalties or incurring avoidable tax consequences to either party.

In cases involving domestic violence, having an attorney can ensure appropriate communication, or even avoid the need for a victim to communicate with an abusive partner. Family law attorneys can help navigate restraining orders between parties as well.

Attorneys can help educate parties as to what goals can reasonably be accomplished in a Court action and help inform parties as to more resources that may be available to families outside of having a trial in front of a judge. For example, parents may benefit from a therapist’s assistance to help parent better communicate and work together for the benefit of the children. The input from a therapist may be more helpful to these parents than what a Judge may order.

Attorneys can be helpful in providing possible solutions that will likely be approved by a Court Commissioner or judge. For example, an attorney knows what factors to look for in determining what a child support order should be and may be able to obtain more information regarding the other parent’s income if that parent is uncooperative. The attorney will also understand how information regarding income and placement time is used to determine an appropriate child support order.

Some decisions made during an initial action cannot be changed or are difficult to change, so if you do not have an attorney you might make a mistake that cannot be undone!

These are just a few examples of how hiring an attorney can be very helpful and even necessary in navigating a family law matter. As is often the case in legal matters involving the family, these issues can be very emotional for parties. Attorneys who practice family law understand that these cases can feel overwhelming and even scary because these issues are so important to the parties involved. It is an attorney’s job to offer expertise in the legal process and offer rational advice to their clients. Making well informed decisions can help you avoid coming back to Court in the future and can help parties confidently move forward with their lives. If you feel you could benefit from the advice of an attorney in your family law matter, please call Kaminski & Pozorski located in Manitowoc, Wisconsin at (920) 684-6694 to schedule a free initial consultation to discuss your case.

Child Custody Relocation Rules and Considerations

Fri, 23 Feb 2024 18:52:28 GMT

Child Custody Relocation Rules and Considerations

Child custody relocation isn't uncommon following a divorce or separation. But there are rules to protect the best interests of the children that parents should keep in mind before moving. Even if you're facing tough economic times and feel you have no other choice, be sure to weigh the following considerations before you relocate with your kids.

Reasons to Relocate

It can be scary to think about your child's other parent moving away, especially if they would like to move with the kids. It may also be difficult to ascertain when a move for yourself would be a reasonable request.

Child custody laws vary by state, and the kind of legal and physical custody you have will determine the level of involvement of the court. Every court will consider the best interests of the child when evaluating a relocation request from one of the parents. Some situations may be considered more "good faith" than others.

Good Faith Moves

It would put you closer to extended family members
It would allow you to seek a better job and/or housing opportunities
It would allow you to continue your education
Regular visitation would still be possible

Bad Faith Moves

To get away from your ex as a form of revenge
To limit your ex's access to the children
To reduce child support

In addition to the motivation of the parent who is looking to relocate, the court will also consider the existing involvement of the other parent when evaluating if a move is reasonable. For instance, if the other parent does not abide by a parenting time agreement or is otherwise absent in their child's life, that parent's objection may not hold a lot of weight in court.

Best Interests of the Child Standard

Remember that the court's primary intention is always to support the best interests of the child . Quite often, as part of the best interests standards, when the custodial parent and the non-custodial parent head to court over relocation-related disputes, the courts will rule in favor of not disrupting the children's lives any more than necessary.

That means that the parent who plans to relocate with the child will have to convince the court why a move would benefit the child, while the parent who is not relocating will have to prove that relocation is not ideal.

Best interest standards vary by state, but generally, you should be able to answer if a move enhances or maintains the following for your kids:

Consistency in a child's environment and routine
The child's health and safety
Family bonds
What the child wants

The relocating parent should anticipate having a very difficult burden of proof in court.

Should you try to keep your house in a divorce

Tue, 05 Dec 2023 15:08:10 GMT

Should you try to keep your house in a divorce?

While your house might be your most valuable asset, the sum total of other assets could equal or surpass it. Property division in a divorce is about dividing all your assets, not just one, so don’t get fixated on retaining the house at the cost of losing out overall.

Here are a few questions to ask yourself to make the best decision:

How far through your mortgage term are you?

The family home holds much more financial value if you only have a year to go until you have paid off the mortgage than if you still have another 24 years to go. Looking at your mortgage and the equity you have built can help you make a more informed choice about what to do next.

Can you afford to run and maintain the home on your income?

Moving to one income from two will make paying the mortgage and other bills more challenging. If you cannot keep up with the mortgage, that could lead to the kind of financial strain that could eventually result in foreclosure.

Failing to keep up with maintenance, such as roof repairs will mean the house loses value – and cause insurance issues. Failing to keep up with the regular bills will harm your credit score and make life difficult if your utility providers cut their services.

You must have a clear idea of your post-divorce budget to decide if keeping the family home is even a possibility.

Will you be wasting money and time doing so?

Let us say you have a four-bedroom property with half an acre of lawn. Now that your kids have left home, it would only be you living there after the divorce. Do you really want to spend your life dusting and mowing, or pay someone to do these things when you could reduce your workload, save money, and make use of your equity by downsizing?

Getting help to learn more about the property division process can help you decide whether fighting for the house is a wise move in your divorce or not.

Contact Kaminski & Pozorski , located in Manitowoc Wisconsin at (920) 684-6694 for a Free Consultation. An experienced and friendly attorney is eager and ready to assist.

Navigating Divorce in Wisconsin: A Comprehensive Guide

Mon, 16 Oct 2023 21:35:45 GMT

Introduction

Divorce is a challenging and emotionally taxing process, no matter where you live. If you're considering or going through a divorce in Wisconsin, it's essential to understand the state's specific laws and procedures. This comprehensive guide will help you navigate divorce in Wisconsin, providing you with information on important aspects such as grounds for divorce, property division, child custody, and more.

Grounds for Divorce

In Wisconsin, you can file for divorce based on no-fault grounds. No-fault divorce means that you and your spouse are separating due to irreconcilable differences and that you believe your marriage is irretrievably broken. This is a broad and non-specific reason, making it an easier option to pursue. If both parties agree, this can streamline the process significantly.

Residency Requirements

To file for divorce in Wisconsin, you or your spouse must be a resident of the state for at least six months. Additionally, you must reside in the county where you file for at least 30 days. Meeting these residency requirements is essential for initiating the divorce process in Wisconsin.

Property Division

Wisconsin is a community property state, which means that most assets and debts acquired during the marriage are considered marital property and are typically divided equally between both spouses. However, the court may deviate from a 50-50 split if there are valid reasons to do so. The Wisconsin statutes limit what factors the judge may consider.

Child Custody and Support

Child custody and support arrangements are critical considerations in any divorce involving children. In Wisconsin, the court aims to make decisions in the best interests of the child. Custody arrangements can be joint or sole, and they may involve legal custody (decision-making authority) and physical placement (residential placement). Child support is determined based on the Wisconsin child support guidelines.

Spousal Support

Spousal support, also known as maintenance, may be awarded based on several factors, including the length of the marriage, the financial circumstances of both spouses, and the contributions each spouse made during the marriage. The court will consider these factors when determining whether spousal support is necessary and in what amount and duration.

The Divorce Process

1. Filing the Petition: To start the divorce process, one spouse (the petitioner) files a divorce petition in the county where they meet the residency requirements.

2. Serving the Papers: After filing, the petitioner must serve divorce papers to the other spouse (the respondent), who has a specific amount of time to respond.

3. Temporary Orders: In some cases, the court may issue temporary orders regarding child custody, support, and spousal support until the divorce is finalized.

4. Negotiation or Trial: The spouses may try to negotiate a settlement or, if no agreement is reached, proceed to trial to have a judge make decisions on issues like property division, child custody, and support.

5. Final Judgment: Once the court issues a final judgment, the divorce is granted, and the terms of the divorce become legally binding.

Conclusion

Divorce in Wisconsin involves a series of legal procedures and considerations, and understanding the state's specific laws is essential. Whether you're dealing with property division, child custody, or support issues, it's crucial to consult with an experienced attorney to guide you through the process. Remember that every divorce is unique, and seeking professional advice tailored to your situation is key to achieving the best possible outcome during this challenging time.

Contact Kaminski & Pozorski, located in Manitowoc, WI today for a Free Consultation.

Can You Go to Jail for Hitting Your Child?

Thu, 13 Jul 2023 18:38:07 GMT

What Is Corporal Punishment?

Corporal punishment is a discipline in the form of physical punishment. Maybe you were spanked as a child when you misbehaved, but over the decades, corporal punishment has died down. However, that doesn’t mean it doesn’t exist.

A 2012 study found that 20% of Americans agreed “it is sometimes necessary to discipline a child with a good, hard spanking,” according to Brookings Institution. In contrast, the United Nations Committee on the Rights of the Child in 2006 called physical punishment “legalized violence against children” that should be fully eliminated through “legislative, administrative, social and educational measures.” So, what’s the best way to go about disciplining your child without getting accused of child abuse?

A child abuse accusation can easily feel like a conviction with the pressure and humiliation you may receive from your family, friends, peers, and society altogether. The stigma surrounding child abusers is enough to derail your livelihood and peace of mind for years to come, which is why you must discipline your child wisely when circumstances warrant it.

Fine Line Between Discipline and Child Abuse

Some may argue that there is a fine line between normal parent-child discipline and committing a crime against your child. This could be particularly true for parents who received corporal punishment when they were children because they may think it’s still normal to inflict corporal punishment. Now more than ever, however, physical punishment against children is decreasingly popular and generally shamed. As such, we urge against coming close to that fine line between discipline and abuse, because once you’re there, you could easily cross the line.

Physical punishments can negatively affect child development, impacting their behaviors, thoughts, and actions. As a result, a child’s overall health and wellbeing could permanently suffer due to the abuse they experienced. Child discipline is one thing, but child abuse is a crime you don’t want to be accused of.

For context, child abuse is evident through various physical, verbal, and emotional signs, including:

Unexplained burns, bites, bruises, broken bones, or black eyes
Fading bruises or other marks noticeable after being absent from school
Seeming frightened of parents and throwing a fuss when it is time to go home
Frequently being absent from school
Begging or stealing food or money
Lacking needed medical or dental care, immunizations, or glasses
Reporting nightmares or bedwetting
Demonstrating bizarre, sophisticated, or unusual sexual knowledge or behavior
Having difficulty walking or sitting
Attempting suicide
Reporting a lack of attachment to the parent

Wisconsin’s Child Abuse Laws

Physical abuse of a child is a felony in Wisconsin, and if suspected of this offense, you may be charged with anything from a Class A felony to a Class I felony. Depending on the type, intent, and extent of the alleged child abuse, you could be charged with the following crimes in Wisconsin:

Class I felony: Recklessly causing bodily harm to a child is punishable by up to $10,000 fines and/or up to 3.5 years in prison.
Class H felony: Intentionally causing bodily harm to a child carries a penalty of up to $10,000 fines and/or up to 6 years in prison.
Class H felony: Failing to protect a child from bodily harm when you know that another person has caused or intends to cause bodily harm to the child
Class F felony: Failing to protect a child from great bodily harm when you know that another person has caused or intends to cause bodily harm to the child has a penalty of up to $25,000 fines and/or up to 12.5 years in prison.
Class E felony: Recklessly causing great bodily harm to a child is punishable by a maximum of $50,000 fines and/or up to 15 years in prison.

Class C felony: Intentionally causing great bodily harm to the child carries a consequence of up to $100,000 fines and/or a maximum of 40 years in prison.

Class B felony: Intentionally causing great bodily harm to a child at least twice is punishable by up to 60 years in prison and a fine to be determined by the judge.

Class A felony: Committing three or more acts of child abuse against the same child, resulting in their death, carries a life sentence without the possibility of parole.

As you can see, a conviction for child abuse in Wisconsin could get you in some serious trouble. Think twice before spanking your child, hitting them with a belt, or pinching them, to name a few, as these acts could leave a mark and raise questions about your disciplinary actions. While corporal punishment is NOT illegal, taking it too far could be illegal.

If you would like to ask questions or speak to our criminal defense lawyer at Kaminski & Pozorski located in Manitowoc about your case, call 920-684-6694 today.

Navigating a Contested Divorce in Wisconsin: A Comprehensive Guide

Tue, 13 Jun 2023 15:07:15 GMT

Divorce is a difficult and emotionally challenging process, and when it becomes contested, it can further complicate matters. In the state of Wisconsin, contested divorces occur when spouses cannot reach an agreement on critical issues such as child custody, property division, or spousal support. This blog post serves as a comprehensive guide to help you understand the intricacies of contested divorces in Wisconsin and provide valuable insights to help you navigate through this challenging process.

1. Understanding Contested Divorce:

Definition: A contested divorce refers to a situation where spouses are unable to agree on one or more key issues, leading to litigation or court intervention.
Factors contributing to a contested divorce: Disagreements over child custody, visitation rights, property division, financial matters, alimony, etc.
Importance of legal representation: Hiring an experienced family law attorney, Kaminski & Pozorski , located in Manitowoc, WI, to guide you through the complex legal procedures is crucial.

2. Initiating a Contested Divorce:

Filing the petition: The process begins by filing a Petition for Divorce, outlining the grounds for divorce and the contested issues.
Serving the spouse: The petition must be served to the other spouse, who then has a specific timeframe to respond.

3. The Divorce Process in Wisconsin:

Mandatory mediation: In Wisconsin, couples with contested issues are typically required to attend mediation to attempt to reach a settlement outside of court.
Temporary orders: During the divorce process, temporary orders may be issued to address issues such as child custody, support, or temporary use of property.
Discovery phase: Both parties exchange information and documents relevant to the contested issues through methods like interrogatories, depositions, or requests for production of documents.
Negotiation and settlement: Parties may engage in negotiations, with or without attorneys, to reach a settlement agreement on contested issues.
Trial: If negotiations fail, the case may proceed to trial where a judge will make the final decisions on the contested matters.

4. Key Considerations in a Contested Divorce:

Child custody and visitation: Courts prioritize the best interests of the child when making custody decisions, considering factors such as parental fitness, child's wishes, and stability.
Property division: Wisconsin follows community property laws, but equitable distribution principles may be applied in certain cases, focusing on fairness rather than equal division.
Spousal support: Courts evaluate factors such as length of the marriage, earning capacity, and financial needs to determine whether spousal support (alimony) should be awarded.
Financial considerations: Detailed financial disclosure, valuing assets, and considering tax implications are crucial aspects during property division and support determinations.

5. The Role of Attorneys and Mediators:

Benefits of legal representation: Skilled divorce attorneys provide guidance, protect your rights, negotiate on your behalf, and present a compelling case in court if necessary.
Mediation: Trained mediators assist in facilitating discussions, encouraging compromise, and helping couples reach mutually acceptable solutions, reducing the need for litigation.

Conclusion: While contested divorces in Wisconsin can be emotionally and legally complex, understanding the process and seeking the assistance of knowledgeable professionals can help you navigate through the challenges more effectively. By prioritizing the best interests of all parties involved, maintaining open communication, and seeking fair resolutions, you can work towards a satisfactory outcome even in the midst of a contested divorce. Remember, seeking the guidance of an experienced family law attorney will significantly increase your chances of a successful resolution. Contact Kaminski & Pozorski , located in Manitowoc, WI today for a Free Consultation.

Temporary Orders

Thu, 27 Apr 2023 20:12:23 GMT

At the beginning of a family court case, the court may enter a temporary order per Wis. Stats. Sec. 767.225. A temporary order governs the parties’ actions while the case is pending, until a final judgment or order is entered. The court may also enter a temporary order during post-judgment litigation. The parties can agree to the terms of a temporary order, or the court can enter a temporary order after a hearing. If one party requests a temporary order hearing, the other party must be given notice.

In a paternity case a temporary order can address custody, placement, and child support. In a divorce case a temporary order can be expanded to include spousal support (maintenance, alimony); temporary use of property, vehicles, and the marital residence; responsibility to maintain insurance and pay debts; restrictions on whether a parent can move a child a substantial distance away; and restrictions on the disposal of assets while the divorce is pending.

Temporary order hearings are usually held before a court commissioner, and are sometimes relatively informal. If a party is dissatisfied by an order entered by the commissioner, the party has a right to a new hearing, called a hearing de novo, before the judge. Most counties have a noticeably short deadline for filing a request for a hearing de novo.

Particularly regarding placement and custody issues, the temporary order can be a crucial stage of the litigation. Even though temporary orders are always subject to change, and even though temporary orders only apply until the final hearing, in practice temporary orders set up a status quo that can be very difficult to change. Courts are reluctant to put children through multiple changes during or after the litigation. Parents should understand the factors the court must consider for custody and placement and prepare accordingly before a temporary order hearing.

Each of the family law litigation attorneys at Kaminski & Pozorski , located in Manitowoc, has handled hundreds of temporary order matters, both through negotiation and through litigation. We are familiar with the various court commissioners and experienced in presenting each case in the best light for a particular judge or commissioner. Contact Kaminski & Pozorski today at 920-684-6694 to speak to one of our experienced attorneys.

Income Taxes

Tue, 04 Apr 2023 19:53:33 GMT

Income Taxes

Divorcing spouses should be aware of certain tax law implications during the calendar year of their divorce. Tax law provides that in the year of your divorce, you must claim half of your spouse’s income and half of your spouse’s withholding for the portion of the year that you remained married. It is a complex tax law; you can read about it in Wisconsin Department of Revenue Publication 113 .

Wisconsin law allows you to opt out of sharing income and withholding in the year that you get divorced by signing an Income Reclassification Agreement with your spouse prior to January 1, classifying your income as of January 1 as your individual income. In most cases, entering an Income Reclassification Agreement will simplify the process of preparing your taxes in the year of your divorce. It also may relieve you of the obligation to share your financial information with your spouse once your divorce is final.

Sometimes, however, it is not in one spouse’s financial interest to enter an Income Reclassification Agreement. In the most common scenario, one spouse is a high-income earner and the other earns much less, perhaps less than $50,000 per year. Under those circumstances, without an Income Reclassification Agreement the high-income spouse could end up in a lower tax bracket.

Contact Kaminski & Pozorski , located in Manitowoc, at 920-684-6694 to discuss with one of our experienced legal counselors.

How Will Divorce Affect 401k Retirement Accounts?

Fri, 27 Jan 2023 21:52:53 GMT

How Will Divorce Affect 401k Retirement Accounts?

A 401k (or other similar retirement vehicle like an IRA, pension, or annuity), is among the most valuable and complicated marital property in divorce. Due to its status as a retirement asset, many divorcing couples initially overlook it. When asked to list marital property, a divorcing spouse remembers this account may have been regularly funded throughout the marriage. What was a comfortable nest egg for retirement becomes a marital asset that must be divided with an ex-spouse.

When dealing with a 401k during divorce, a family lawyer and accountant are highly recommended to help you understand exactly how it is divided. Three steps are involved in dividing a 401k during divorce beginning with the ordering of a division of the 401k through the final divorce judgment. The account holder or family law attorney must then draft a Qualified Domestic Relations Order (QDRO) telling the 401k plan administrator how to divide the asset. The QDRO must be approved and signed by a family court judge and the plan administrator.

A QDRO lists the non-owner spouse as an alternate payee for the 401k. When collecting the entitled amount, this individual (the non-owner spouse) has three alternatives: cash payment, rolling the amount into his or her retirement plan, or leaving the amount in the existing plan and taking the distribution when the owner retires. Cash payment without tax penalty is only available at the time of QDRO approval and must be discussed with the retirement accounts plan administrator prior to entering any order in court.

Underscoring the importance of the QDRO is the fact a divorce decree is not sufficient for ordering 401k division. If the owner of the 401k dies before a QDRO is approved and fulfilled, the recipient spouse risks losing the financial benefit. Therefore, the individual should have a family law attorney prepare and enter the QDRO and file it with the judge once the divorce is finalized.

Understanding the basics of how a 401k is divided during divorce is only one part of understanding your rights regarding your retirement savings. There are some ways to protect a portion of your retirement assets from being divided during the divorce process.

Frequently, people contribute to retirement accounts during their working years, watching their investments earn returns. When they retire, they receive periodic payments that fund their lifestyles. The thought that this money may need to be shared with a former spouse can be unbearable. However, this is usually the case when the account was funded during the married years. However, there are ways to protect a 401k and other retirement plans during divorce.

A prenuptial agreement is the easiest protection method because it allows a couple to establish marital and nonmarital property prior to getting married. Marital property is subject to division during divorce but nonmarital assets are not. A family law attorney can help an individual draft a prenuptial agreement stating that the 401k will be considered a nonmarital asset should the couple divorce. The document can also specify that 401k contributions during the marriage are nonmarital property.

Unfortunately, many couples enter marriage without considering the possibility of divorce, so they do not draft prenuptial agreements. Fortunately, there are still ways to avoid dividing retirement in divorce. Contact Kaminski & Pozorski , a family law attorney immediately after deciding to divorce and ask when state divorce laws will allow voluntary 401k contributions to cease. It can take months or years to finalize a divorce and all 401k contributions made during this time will be considered marital property in divorce.

If the 401k account was established prior to the marriage, state divorce laws may permit exclusion of pre-marital contributions and earnings. The owner will receive these funds and only contributions made during the marriage will be subject to division. In this situation, it is important to maintain detailed records regarding the account so its pre-marital value can be established.

With proper planning and good recordkeeping, it is possible to protect some or all the 401k account from property division in divorce. Retaining a family law attorney prior to getting married or consulting one promptly after deciding to end the marriage prevents a 401k account holder from losing half of the funds during divorce. Retirement years will be happy and comfortable, not filled with financial worry. The only sure way to know that a proper division of retirement accounts has taken place and too little or not enough divided is to work with a local expert family law attorney, Kaminski & Pozorski located in Manitowoc at 920-684-6694 , they understand the different possibilities that exist.

How To Make Divorce Easy on Your Family

Fri, 27 Jan 2023 21:49:25 GMT

How To Make Divorce Easy on Your Family

A divorce can be a very challenging time for a family. It can be a time full of uncertainty, doubt, and fear for the future. However, if you change your perspective, divorce can also be a chance to start over with new beginnings. It can be a time to reinvent yourself and put your kids first. Children tend to take divorce harder, so take some steps to make divorce easier on your family during this difficult time.

Handling children

In such an uncertain time, it is important that you and your spouse are on the same page about what is going to be communicated to any children involved. Children, no matter the age, tend to feel very confused during this time. Try to keep them uninvolved as much as possible. Kids don’t want to see their parents fighting and don’t want to pick sides. It is also important to note that kids are not oblivious. If they sense tension in their household, they will feel uneasy. Try to keep any tension between you and your spouse away from the kids.

Consider counseling

Counseling is not just for adults. Many children get counseling, especially while their family is going through a hard time. Most kids will never admit they want counseling, so it’s important to do what you think is best for them and act. Kids need an outlet and sometimes don’t feel comfortable talking to their parents about the situation. Family counseling is also a great option for any family that feels they are turning on each other because of a divorce. It has great outcomes and is proven to be effective.

Kaminski and Pozorski , located in Manitowoc will help make the divorce process a little bit easier. We are an experienced divorce legal firm and want to help you with all your needs such as divorce, paternity, child custody, support, and post-judgment matters. Start today by calling 920-684-6694 for your free consultation or by visiting https://www.kaminskiandpozorski.com

Fathers Pursuing Custody Of Their Children!

Tue, 23 Aug 2022 13:17:50 GMT

FATHERS PURSUING CUSTODY OF THEIR CHILDREN!

It is often said that women have a greater chance of being granted custody of their children than do men. Statistically speaking, this is true. However, with the right legal assistance, this statistic can be overcome. It is important to know that the courts will always rule on what is in the best interest of the child, regardless of the gender of the custodial parent. With an experienced CHILD CUSTODY LAWYER and a strong case, it is very feasible for a father to win custody. The following are a few tips for fathers pursuing custody of their children.

Consider the age of your child. Because the courts make their decision regarding custody based on the best interest of the child, they will take the age of the child into account. If a mother is breast-feeding and not working and the father is fully employed, it is unlikely that the court will award him custody. Even if he is the world’s best dad, he doesn’t have the time and the infant is physically dependent on the mother.

Scaffold your case. Even if the child is an infant, the father should make sure he gets as much time as possible with his child and have it entered into an order. When the opportunity arises to have more time, he should get more time. A court will be much more convinced that a father is serious about custody if he has the child 3 days a week, then if he only is seeing the child two weekends out of the month.

Be patient. The battle for custody can last quite a while, even with the best legal representation. In pursuing custody of your child, it is important to be realistic. Making unreasonable demands or expecting things to happen in an unreasonable amount of time will only add extra stress to your case, which will not contribute to a desirable outcome.

For more information on fathers’ rights in the pursuit of child custody, call the KAMINSKI & POZORSKI in Manitowoc, WI at 920-684-6694 for a free consultation.

Wisconsin Financial Disclosure in a Divorce

Wed, 27 Jul 2022 15:50:36 GMT

Wisconsin Financial Disclosure in a Divorce

In a Wisconsin divorce, each spouse is required to issue a financial disclosure statement, which identifies all assets at hand. The list of assets Wisconsin couples are required to disclose include, but are not limited to, “real estate savings accounts, stocks and bonds, mortgages and notes, life insurance” and “retirement interests”. You can view more details about financial disclosure by examining the Wisconsin Statutes.

In a high asset divorce in particular, the stakes are high when dividing property. Many valuable assets are present. At Kaminski & Pozorski , we will provide an in-depth accounting of such assets. We work with professionals such as forensic accountants to uncover assets and ensure they are equitably divided according to Wisconsin’s community property laws, or according to the terms of your prenuptial or postnuptial agreement.

Kaminski & Pozorski , handles all family law cases from divorce, paternity, child custody, termination of parental rights, restraining orders, and guardianships. Contact us today, 920-684-6694 , to schedule your Free consultation.

Child Custody in Wisconsin During the Holidays and/or Summer

Wed, 08 Jun 2022 14:41:03 GMT

Child Custody in Wisconsin During the Holidays and/or Summer

Kaminski & Pozorski , Wisconsin Family Law attorneys located in Manitowoc WI, often see a spike in business in the summer as parents confront problems during the holidays and summer. Shared placement, holiday travel, increased childcare expenses, traditions with extended family – many issues can arise at this emotionally charged time of year. The holidays are right around the corner; make sure now, before problems arise, that your legal documents are in order and you are fully prepared for shared parenting during the holidays and summer.

Many of the problems that arise this time of year can be anticipated and prevented. Closely read what your legal documents have to say about the holidays; parents often don’t have a clear recollection of these provisions. If your legal documents are not completely clear regarding child placement arrangements during the holidays and when the children are not in school for the summer – or if you have no legal documents – start the discussions with your parenting partner well in advance of the holidays. Expect that both parents will need to compromise. If your holiday plans include travel, provide your parenting partner with a detailed itinerary. For steps to minimize conflict and set a positive example for your children during the holidays. If you are worried about whether the holidays will run smoothly, this is a good time to schedule an appointment with your family law attorney.

If holidays frequently present problems in your family, contact Kaminski & Pozorski today to discuss further options or resolutions.

How to Get Divorced in WI

Fri, 08 Apr 2022 21:19:11 GMT

How to Get Divorced in Wisconsin

The dissolution of a marriage through divorce is often a complex process involving personal matters and financial considerations. When you want to know how to get divorce in Wisconsin, a step by step guide is a good starting point to understand the process.

Like many states, Wisconsin offers “no-fault” divorce, which means neither party has to prove the other has caused their marriage to end.

Filing for Divorce in WI

The outline below explains the steps in a divorce in Wisconsin. Call Kaminski & Pozorski , divorce attorneys or use our online contact form for more information and assistance. We serve clients throughout Northeast Wisconsin.

Steps for Separation and Divorce in Wisconsin

Divorce is a complex legal process that is different in each case. But, in general, divorce in Wisconsin proceeds as follows:

1. File a Divorce Petition with the Clerk of Court in Your County.

The next step in how to get divorce in Wisconsin is to obtain an absolute divorce. To reach this final termination of marriage, one spouse must file a divorce petition with the Clerk of Court in the county of their residence. A divorce attorney may file the notice on behalf of a client. The county Sheriff (or a deputy) will then serve the divorce petition upon the other spouse.

Upon filing for a divorce, such factors as child support, spousal support, child custody and asset division come to the fore. Decisions and creation of agreements such as a child custody agreement in each of these areas should be made before a divorce goes to court.

2. Enter mediation, if you think it will be an amicable divorce.

If you and your spouse are engaging in an amicable divorce, you may choose to enter into mediation. In some cases, the court will order mediation. During mediation, a mediator helps facilitate you and your spouse through issues, making you aware of the law along the way, so you can find common ground on the agreements to end your marriage. Mediation can mean the difference between a lengthy, expensive and public court battle and a timely, cost-efficient and confidential resolution to your divorce or separation

3. A judge hears testimony and issues the final divorce order.

A judge hears testimony and arguments and then makes the decision for final divorce orders that she or he thinks are best for each individual. A judge will take recommendations from each spouse’s attorney before making a decision, but the judge’s decision is final. This is why it is best, if possible, to have matters resolved before heading to court.

4. Consider a Separation Agreement to cover child custody, asset division, and related matters.

During the process of reaching a divorce, you may choose to negotiate and enter into a separation agreement with the other party to settle matters such as alimony, division of assets, child custody and child support. It is often reached during mediation. Once this agreement is signed it must still be approved by the court at the time of final hearing. If you choose to enter into a consent order as part of your divorce, this agreement can be enforced the court through the use of its contempt powers. Keep in mind: Any terms in the agreement dealing with child custody and child support can be modified by a court if the court finds the terms do not serve the best interest of the child. However, unless it is proven otherwise, Wisconsin courts will presume that the agreement’s terms are fair, reasonable and serve the child’s best interest.

An Experienced Manitowoc Family Divorce Attorney Is Here to Help

When you want to know how to get divorce in Wisconsin, turn to us for help. We’ll guide you through the process so that you are well protected and can move on with your life. In most cases, either spouse in a divorce will benefit from experienced legal guidance, the Manitowoc divorce lawyers of Kaminski & Pozorski believe. A skilled divorce attorney can protect your best interests and help you avoid personal and/or property matters that may cost you money down the road. Contact Kaminski & Pozorski at 920-684-6694 today.

Understanding and Calculating Alimony in Wisconsin

Wed, 09 Mar 2022 21:32:15 GMT

Learn more about how judges decide the type, duration, and amount of spousal maintenance in Wisconsin divorces.

Alimony (called spousal maintenance in Wisconsin) is a payment that one spouse provides to the other after a divorce. The purpose of spousal maintenance is to ensure that both spouses can maintain their marital standard of living after a divorce. It's not unusual for one spouse to forego working throughout the marriage to raise a family or contribute to the other's career, but in those cases, a divorce can equal financial devastation to a non-working spouse.

Types of Spousal Maintenance in Wisconsin

Judges in Wisconsin may award limited-term or indefinite spousal maintenance. Limited-term support (sometimes called rehabilitative support) is meant for cases where one spouse can potentially be self-supporting after the divorce but needs time and financial support to gain the education or skills necessary to find a job that will provide financial independence. Limited-term support is common in cases where one spouse left a job to raise the couple's children and, after the divorce, now needs support and time to become marketable in the workforce.

Judges will include an end date for maintenance in the final support order. If the recipient remains financially dependent at the deadline, the court may review the order to evaluate whether an extension is appropriate.

Indefinite spousal maintenance is most common in long-term marriages where one spouse's absence from the job market or advanced age makes it difficult or impossible to find employment. The purpose of indefinite support is to ensure that the needy spouse can remain financially stable, despite age, absence from the job market, or health issues preventing full-time employment.

Spousal maintenance awards don't become effective until a judge finalizes the divorce and issues a support order. However, if you're going through the legal process and need help making ends meet, you can ask the judge to award temporary support. Temporary maintenance ends when the judge finalizes the divorce.

Whether support is limited or indefinite, it will terminate if either spouse dies or if the recipient of maintenance remarries. (Wis. Stat. § 767.59.)

Qualifying for Spousal Maintenance

Spousal maintenance awards in Wisconsin are gender-neutral, meaning either spouse can request support during the divorce process. However, a request does not guarantee a final award. First, the requesting spouse must demonstrate a need for support and that the other spouse can pay.

To determine need and ability, a judge will evaluate the following factors to determine the type, duration, and amount of maintenance:

the length of the marriage
the age and physical and emotional health of both spouses
the property division in the divorce
the educational level of each spouse at the time of marriage and at the time of the divorce
the supported spouse's earning capacity, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire education and training to find employment
the feasibility that the supported spouse can become self-supporting and obtain a standard of living comparable to that of the marital standard of living
tax consequences to each spouse
any mutual agreements between the spouses before or during the marriage
whether either spouse contributed to the other's education, training, or increased earning power, and
any other factor the court determines is relevant to the case. (Wis. Stat. § 767.56.)

If the couple has minor children, the court must also consider any child support award when deciding the final spousal maintenance order. (Besaw v. Besaw, 89 Wis. 2d 509, 279 N.W.2d 192.)

A common misconception in Wisconsin is that the judge will consider marital misconduct during the evaluation for spousal maintenance. Although adultery, abuse, or other harmful behaviors may have caused your relationship's demise, the goal of support is for both spouses to remain financially stable and not to punish either spouse for misconduct during the marriage. Thus, the laws in Wisconsin prohibit a judge from considering fault when deciding spousal maintenance. (Dixon v. Dixon, 107 Wis. 2d 492, 319 N.W.2d 846.)

Family Support

If a divorcing couple has minor children, then child support will likely be part of the divorce process. If a spouse requests spousal maintenance and is also entitled to child support as a custodial parent, the court may order "family support." Family support combines the two payments—maintenance and child support—into one. Before creating a family support award, judges must follow the law for each type of support and calculate the two obligations separately. (Wis. Stat. § 767.531.)

Paying Maintenance

Most support orders require paying spouses to pay periodically (usually monthly), but if appropriate, the judge may ask a paying spouse to pay in lump-sum payments or by property transfer to a spouse.

The court may include an income withholding order, which directs the paying spouse's employer to withhold the money from the spouse's paycheck and forward it to the appropriate court agency. (Wis. Stat. § 767.57.)

Changing a Support Order

Unless the order states otherwise, either spouse can request a review or modification of a support order if the requesting spouse can prove there is a substantial change of circumstances that makes the existing order unfair or inappropriate. For example, if the paying spouse involuntarily loses a job, the court may adjust maintenance to reflect the new income. (Wis. Stat. 767.59.)

If you're paying support and request a review because your financial circumstances changed, you must continue to pay your existing support order until the judge says otherwise. Failure to comply with a court order can result in a show cause hearing, fines, bank seizures, or jail.

If you're not receiving your support payments, you can ask the judge to help you enforce the order by filing an official request with the court.

Maintenance and Taxes

When evaluating spousal maintenance, the court must consider the tax consequences to each spouse. (Wis. Stat. § 767.56 (1c)(g).) Until January 1, 2019, paying spouses could deduct maintenance payments from their income at the end of the tax year and the supported spouse reported and paid taxes on the income.

However, the 2017 Tax Cuts and Jobs Act eliminated the tax-deduction benefit and reporting requirements for maintenance agreements and/or orders finalized on or after January 1, 2019.

If you're unsure how the tax changes impact your bottom line, you should speak with an experienced family law attorney at Kaminski and Pozorski in Manitowoc.

WHICH RESTRAINING ORDER OR INJUNCTION TO FILE

Thu, 20 Jan 2022 14:28:45 GMT

In Wisconsin, there are four (4) different types of restraining orders or an Injunction. You can file a Motion and request the Court to File a Restraining Order or an Injunction, depending on the details of your situation. According to the Wisconsin Department of Justice , restraining orders can order someone “not to hurt you, to stay away from you, move out of the house, have no contact with you, or stop harassing you.” With the different types of restraining orders, you can file against your current or ex-spouse, partner, co-parent, family or household members, a loved one’s caretaker, or even a stranger or acquaintance.

The types of restraining orders include:

Domestic Abuse Restraining Orders

You should file a domestic abuse restraining order if your family or household members, co-parent, or current or former spouse or partner subjects you to domestic abuse.

Under Wisconsin Statutes § 813.12(1)(am) , domestic abuse may include:

Intentionally inflicting pain or injury
Sexual assault
Threats
Stalking
Property damage

If someone you live with or have or had a dating relationship with hurts you or makes you feel afraid, a domestic abuse restraining order may be appropriate.

Harassment Restraining Orders

Harassment restraining orders are like domestic abuse restraining orders, but they are much broader. Not only can you file against a friend, acquaintance, or stranger, but the conduct that warrants a harassment restraining order also includes any acts meant to harass or intimidate you.

If someone with whom you do not have a domestic relationship strikes, shoves, or makes any other physical contact with you, you can file a harassment restraining order. You can also file a harassment restraining order if you have been sexually assaulted by a stranger or an acquaintance.

Harassment restraining orders may also be appropriate if you are being stalked, threatened, harassed, or intimidated.

Examples of stalking and harassment may include someone showing up at your workplace, entering your property without permission, following you around, trying to gather information about you, contacting you repeatedly, sending unwanted gifts or materials, or saying you’ll “be in trouble” if you do not fulfill their wishes.

Child Abuse Restraining Orders

If someone causes physical injury or emotional damage to your child or a child you know, you can file a restraining order on the child’s behalf. While domestic abuse restraining orders can protect you and your children, there are some situations where a child abuse restraining order may be necessary.

Individual at Risk Restraining Orders

Similarly, elderly individuals or people with physical or mental health conditions may need protection from abuse and neglect. If you are concerned about an elder over 60 or an impaired adult who is experiencing or at risk of experiencing physical abuse, sexual abuse, emotional abuse, financial exploitation, or neglect, you can file an individual at risk restraining order.

These restraining orders may be useful if someone is being abused or neglected by their caretaker or even suffering unreasonable confinement or restraint in a nursing home.

What Are the Most Common Restraining Orders?

Majority of restraining orders are filed to protect women against a male alleged abuser. As such, the most common restraining orders in Wisconsin are domestic abuse restraining orders and harassment restraining orders.

No one, male or female, should have to suffer abuse or live-in fear. If you or someone you love is being stalked, harassed, or harmed by anyone else, please discuss your legal options with the Law Office of Kaminski & Pozorski . Our experienced legal team can help you choose the correct restraining order, file a temporary restraining order in court, and take the required steps toward lasting protection.

Collectively, our attorneys have been practicing family law and helping clients with restraining orders for more than 30 years, and we can help you, too.

All you need to do is call us at (920) 684-6694 or online to schedule your free phone consultation today.

How to Get Ready for Your First Visit with a Family Law Attorney

Mon, 13 Dec 2021 17:42:33 GMT

How to Get Ready for Your First Visit with a
Family Law Attorney

For many people, consulting with a divorce or child custody lawyer marks the first time in their lives they meet with an attorney about anything. The circumstances that brought them there are probably already upsetting. Having to figure out what to do before they meet with their advocate can add tension to an already stressful situation. The good news is that by knowing how to get ready for your first meeting with a family attorney, you can help prepare for your case and avoid unnecessary worry.

Initial Consultations

Often, your first visit with a family law attorney will be an initial consultation during which you will be asked questions about your circumstances. The lawyer will explain your options, answer questions, and describe the services they provide and their fee schedule. Some lawyers will offer a free, brief consultation, and others may charge a fee or hourly rate to meet with you longer and have a more in-depth discussion. If you need more time to talk about your case, you may want to opt for a more extensive consultation.

The initial consultation is an opportunity for you to tell the lawyer what is going on and ask questions so you can consider what you would like to do next. The more you know about what you want to gain from the meeting, the better you will be able to focus your inquiries. If your goal is to learn more about the process, you may want to ask open-ended questions. You may also be there looking to hire an advocate for your case. In that case, you may have more case-specific questions for the lawyer. Having an idea up front of the information you would like to obtain during the appointment will be helpful during your visit.

Bringing Requested Documents

The office may ask that you bring certain documents with you to the appointment, such as any court records, recent financial reports, relevant emails, and text screenshots. While having this information ready for your initial meeting can help the attorney gain insight into your case, it's not mandatory. If you don't have this paperwork available, it should not prevent the lawyer from reviewing issues and answering your questions during an initial consultation. However, those looking to have an extended meeting would benefit from bringing requested documents so they can get insight and advice that is specific to their circumstances.

You May Hear Questions You Don’t Expect

As you explain your reasons for coming in, the attorney may stop and you and ask you questions about matters such as what county you live in, how long your children have resided in a particular city, if there are prior court orders, if you have been served with any documents, and other details. Although these questions may sound technical and impersonal, they are an essential part of the lawyer's assessment of local jurisdiction, the operative pleadings, and venue. It’s vital that your case is before the proper court and that you respond in a timely manner to legal filings. Rest assured that after the attorney gets through some of these preliminary questions, he or she is going to ask about the more pressing issues that you came in to discuss.

You Should Come with Questions Ready

When you meet with a family law attorney, you are consulting with an experienced professional with expertise in their field. Just as when you talk with a medical specialist, you want to come with your questions prepared before you meet. Family law cases can be emotional, and it's easy to lose track of your thoughts when relaying upsetting details to a lawyer. You want to have a list of the questions and issues that are important to you in case you forget to ask or mention something. The attorney will welcome your questions.

Attorney Joe Pozorski of Kaminski & Pozorski, located in Manitowoc, Wisconsin , has extensive family law experience and can help you evaluate your circumstances and determine your next steps. Come in, and let’s talk about your situation. Contact us today at 920-684-6694 for a free 30-minute consultation.

Differences Between Legal and Physical Child Custody

Mon, 22 Nov 2021 21:34:12 GMT

Learn about the types of custody arrangements available, and the difference between Legal Custody and Physical Placement.

In a divorce, custody of children is broken down into two elements: legal and physical. It's not unusual for legal and physical placement to be set up differently. For example, parents might have joint legal custody, but not joint physical custody, especially if the parents live some distance apart.

Legal Custody

Having legal custody of your children means that you are responsible for making decisions about the important things in their lives, like where they go to school, what religious instruction they receive, whether they need academic tutoring or psychological counseling, and when they go to the doctor.

During your marriage, you and your spouse probably made these decisions together, and when you divorce, judges want to keep it that way if possible. The default preference in most states is for parents to share legal custody and continue to make decisions together for their children.

This is called joint legal custody. It can take many forms. Just as in an intact marriage, it's not uncommon for one parent to be the primary caregiver, the same can be true after divorce even if the parents have joint legal custody. For example, a parent who is the primary caregiver might make many decisions that are part of legal custody, like authorizing routine or emergency medical treatment, or choosing a tutor for a child who needs academic help. While the other parent has the legal right to participate in those decisions, it's up to the parents to decide how to make this work as a practical matter. They may agree that it's easier and more efficient for one parent to have greater day-to-day responsibility.

Joint legal custody can become a battleground for parents who aren't able to agree on things that might seem simple, like where the children should get medical care or whether they should take piano lessons. It only takes one parent to create ongoing conflict over this type of question, and it can make life miserable for everyone if every decision becomes a fight.

Judges find that type of decision making miserable, too. If parents fight over every question related to their kids, the most common solution is for the judge to give one parent sole legal custody. That parent then has the sole right to make decisions about the children's health, education, and welfare. A judge might also grant sole legal custody if one parent:

lives a great distance away
is abusive or neglectful, or
isn't involved in the child's day-to-day life and doesn't spend time with the child.

It's also possible for a judge to order joint legal custody but designate one parent as the tiebreaker in the event the parents can't agree. This isn't that different from the parent having sole legal custody, but it does encourage both parents to be involved, at least in attempting to come to a resolution.

Physical Placement

Physical placement refers to where the children live on a regular basis. It can be shared by both parents or granted to just one. How custody is ordered at the time of your divorce can affect you later. For example, in some states, a parent with sole physical placement has a presumed right to move away with the kids. To prevent a move, the noncustodial parent must go to court and show that the move would be harmful to the kids. So, if the other parent's attorney tries to tell you that it doesn't matter whether you let the other parent have sole physical custody even though you spend significant time with the kids, don't buy it. Contact Kaminski and Pozorski at 920-684-6694 about whether the decision could come back to haunt you later.

Shared Physical Placement

There's a strong preference among judges to order shared Physical placement, to guarantee that children have regular contact with both parents. Some states direct judges to assume that shared physical placement is better and require any parent who disagrees to provide evidence about why it's not a good idea in that particular case. Shared physical placement means that the kids get to have two engaged and involved parents and two real homes—not one home and one place they go to visit their other parent.

Shared physical placement doesn't always involve an exact 50-50 time split, but it's usually something close. This only works, however, if the parents live near enough to each other that the kids can move easily back and forth between houses and can maintain their regular activities no matter which house they're in. Shared physical custody isn't always best when the parents really don't get along—the many transitions between parents create too many opportunities for conflict.

Primary Physical Placement and Visitation

If one parent has the kids most of the time, that parent is usually granted Primary Physical placement, while the other parent gets the right to regularly schedule time with the kids, called either "visitation" or "parenting time." A very common arrangement is for one parent to stay in the family home with the kids. The children spend most of their time there and see the other parent at regularly set times. In legal terms, the parent with primary physical placement is the custodial parent and the other is the noncustodial parent who has visitation rights. For a long time, lots of folks had a fairly standard "Wednesday night dinner and every other weekend" arrangement. Commonly, the mother had primary physical placement, and the father had visitation rights for one dinner a week and every other weekend. That schedule is still used regularly, but so are a lot of other schedules.

Contact Kaminski and Pozorski to set up your Free Consultation!

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