In times of economic downturn, it can appear that hiring an attorney for your divorce or paternity matter is too expensive of an investment.

Child custody relocation isn't uncommon following a divorce or separation.

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.

Introduction

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.

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.

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.

Divorcing spouses should be aware of certain tax law implications during the calendar year of their divorce.

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.