The 2024-2025 term for the Wisconsin Supreme Court just began, and I thought it prudent to offer them some advice as to how to improve their performance this term.
No, they didn’t ask my opinion, and they’ve ignored my advice in the past.
But I’m sure that’s merely an oversight.
So here, as a public service, are five ways (there could be more, but my column has a word limit) for the Wisconsin Supreme Court to improve.
First
As
Continue Reading Advice to the Wisconsin Supreme Court
In May 2024 in this blog, 1 my co-author Jenni Spies Karas and I warned that practitioners and judges should be mindful to cite the authority by which they are requesting or entering default judgment, pending the outcome of the Wisconsin Supreme Court case State v. R.A.M.
That caution has become a reality.
Courtney L.A. Roelandts, Marquette 2018, is the assistant managing attorney of the Children’s Court Guardian ad Litem Division of the Legal Aid Society of
Continue Reading State v. R.A.M. and a Parent’s Right to Counsel in TPR Cases
Protecting your child will always be your number one job, even as they reach adulthood. Watching your child grow into an independent adult is a bittersweet milestone. While it’s exciting to see them spread their wings, it can also be challenging to adjust to the new dynamics of your relationship. One of the most significant changes is the shift in legal and medical responsibilities. Here are some things to consider when protecting your child as they transition into adulthood.
Continue Reading Protecting Your Child: Legal & Financial Steps for Adulthood
There are many reasons why parental relocation may become an issue after parents divorce or separate. When one parent plans to move with their children, the other parent may become concerned about how this will affect the children and their relationship. The parent who is not moving may worry that they will have less time with their children, that they will be less involved in decisions about how their children will be raised, and that longer travel times and
Continue Reading What Factors Are Considered in Parental Relocation Cases?
After completing the divorce process, parents establish new routines and do their best to share custody effectively while providing care for their children and maintaining positive parent/child relationships. Maintaining consistent routines and schedules for physical placement is one of the best ways parents can help children become accustomed to the changes they have experienced. However, this consistency can be threatened if a parent chooses to move a significant distance away and requests modifications to visitation schedules or other aspects
Continue Reading Can I Stop My Ex-Spouse From Relocating With My Child?
Wisconsin’s marital property laws impact compliance with the Corporate Transparency Act (the “CTA”). As discussed in other Ruder Ware CTA Focus Team insights, the CTA requires a “reporting company” to report information about its “beneficial owners” to the Financial Crimes Enforcement Network (“FinCEN”). The CTA defines a beneficial owner as “any individual who, directly or indirectly, exercises substantial control over a reporting company or owns or controls at least 25 percent of the ownership interests of a reporting
Continue Reading Understanding the Corporate Transparency Act: Implications for Marital Property and Beneficial Ownership
Attorney Katie Harrell presents on family law mediation and arbitration for State Bar
Attorney Katie Harrell will present as part of a panel on Thursday, June 20, at the State Bar of Wisconsin’s Annual Meeting and Conference in Green Bay. Her presentation is part of a three-day program of CLEs and other sessions for legal professionals. “Point/Counterpoint: Advantages and Pitfalls of the Mediation/Arbitration Hybrid Process” will outline how alternative dispute resolution, particularly arbitration, is gaining traction in
Continue Reading Attorney Katherine Harrell Presents at State Bar of Wisconsin’s Annual Meeting
Transracial adoption has elicited strong responses for over five decades, with the country split between two extreme ends of the spectrum. On one end, transracial adoption is compared to cultural genocide, while on the other, transracial adoption provides children of color with better opportunities and diverse cultural experiences.1 There is little agreement regarding transracial adoption. However, what is certain is that colorblindness and a lack of cultural competency pose significant threats to children who are transracially adopted. A
Continue Reading Colorblindness and Cultural Competency in Transracial Adoptions
Posted on June 17, 2024 in Divorce
If you are planning to get a divorce, you will need to address various financial concerns as you determine how to divide your marital property. These issues can become more complicated if you are concerned that your spouse is attempting to hide assets. Uncovering these hidden assets is crucial to ensure a fair settlement, but determining the best ways to do so is not always easy. An experienced divorce attorney
Continue Reading 8 Ways to Uncover Hidden Assets During Your Divorce
During the divorce process, there are numerous issues related to your property and finances that may arise. As you work to divide your marital property, some of the most pressing issues that you will need to address will be related to your family home. Whether you owned your home before getting married or purchased it during your marriage, decisions will need to be made about the ownership of the property going forward. An experienced attorney can help you
Continue Reading Can I Keep My Wisconsin Home After Getting Divorced?
June 10, 2024
Remember when your kid wanted to throw a birthday party, and they had to invite the whole class? You know, because it was the right thing to do? Yes, even that kid that no one liked got an invite, and the party went off without a hitch.
The Wisconsin State Bar Association is throwing a party soon—and Wisconsin Law Journal isn’t invited.
The bar association’s annual meeting is June 19-21, 2024 in Green Bay. One would
Continue Reading WLJ not invited to the party: State Bar closes doors to media
Love is love, but estate planning for the LGBTQ+ community can be more complex than it should be. While significant strides have been made towards equality, there are still legal nuances to consider to ensure your wishes are respected and your loved ones are protected.
This blog post will explore some key elements of LGBTQ+ estate planning and the language that can empower you to build a secure future for yourself and your family.
Why is Estate Planning Important
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There are a lot of differing opinions about whether one custodial parent may make a major decision for a child independently and without the involvement and consent of the other custodial parent. The history of joint custody and placement in Wisconsin is an evolving one. Father to Mother to Equal In summer 1983, the
Marquette Law Review published an article that compared approaches to joint custody and shared parental responsibility in both Wisconsin and Florida. At that time, the
Continue Reading Equal But Not Separate: Joint Custody Means Both Parties Must Agree
Posted on May 29, 2024 in Criminal Defense
Kidnapping is a serious crime. However, what most people believe to be kidnapping may not necessarily fall within the definition of this offense under Wisconsin law. In fact, most kidnapping cases are related to child custody disputes, and parents or other family members or friends who deny a parent access to his or her child may be charged with child abduction or interference with custody.
For those who have been
Continue Reading When Can Someone Be Charged With Kidnapping in Wisconsin?
A parent in a termination of parental rights proceeding has a near absolute statutory right to counsel, pursuant to Wis. Stat. section 48.23. Case law establishes that a parent’s statutory right to counsel is not limited to those who appear in person, and that such a right can withstand default judgment.1Wis. Stat. Section 48.23(2)(b)3 In response to these cases, the Wisconsin Legislature amended the statutes to create a process by which a parent may presumptively waive their
Continue Reading ‘Egregious’ and Accidental Waiver of Counsel in TPR Cases
Prenuptial agreements, commonly referred to as “prenups,” are legal agreements that couples may enter into before marriage. A prenup may protect assets belonging to either spouse and determine how certain issues will be handled if the couple chooses to get a divorce.
While these agreements can be valuable tools for protecting the interests of both parties, there are circumstances under which a court in Wisconsin may declare that a prenup is invalid. Understanding these circumstances is essential
Continue Reading When Can a Wisconsin Court Rule That a Prenup Is Invalid?