Hawley, Kaufman & Kautzer, S.C

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Here are four tips for fathers in a child custody placement case. Being a parent in a two household family can be very difficult. Many fathers have an especially hard time with the transition. They may feel that the deck is stacked against them. But fathers need not feel that way. With some very simple tips, they can not only have success in the courtroom, but more importantly be an effective and loving parent.

  • The first tip for a


  • Continue Reading 4 Tips for Fathers During Child Custody

    Here are three tips when entering a child custody and placement mediation.

    A. The first tip is to come to your session prepared. This means to:

    • print off and bring with you your work schedule

    • your child’s school schedule and activity calendar, and

    • a holiday schedule if necessary.  

    Having these documents with you in the session will help to ensure that you don’t have to remember those dates off the top of your head and will reduce the stress
    Continue Reading Child Custody Mediation – 3 Tips

    What is a marital settlement agreement? In an uncontested divorce action in Wisconsin, which is when you and your spouse have agreed on all issues, we call the marital settlement agreement the final agreement that you and your spouse would both sign and agree upon — all the terms and conditions that is then filed with the Court. At that point, the Court then accepts your agreement and grants you a divorce.

    This gives you and your spouse certainty
    Continue Reading Divorce: What you Must know about the Marital Settlement Agreement

    What is a Guardian Ad Litem and How to Ensure Your Child is Protected in Family Law?

    In Wisconsin, for legal cases in which the two parties in a family law case are unable to reach an agreement, a guardian ad litem is appointed.

    A guardian ad litem is a licensed attorney appointed by the court to represent and advocate for a child’s best interests in a family law matter. The GAL will investigate the facts of the case,
    Continue Reading What is a Guardian Ad Litem and How to Ensure Your Child is Protected in Family Law?

    The Constitutionality of Revocation in OWI Cases

    In April 2017, Scott Forrett was arrested for, and charged with, his 7th offense for Operating while Intoxicated. In the following court proceedings, the revocation of his refusal to submit to a warrantless blood test after his arrest in a prior conviction allowed for an increase in his sentence. Forrett was sentenced to 6 years of initial confinement and 5 years of extended supervision. 

    However, Forrett challenged the judgment of his conviction
    Continue Reading The Constitutionality of Revocation in OWI Cases

    After a plea is entered the District Attorney provides discovery, which includes police reports, witness statements, photographs and any audio or video recordings taken during the course of the criminal investigation. It is not uncommon for supplemental reports to be exchanged during the course of the case.

    When reviewing the police reports, it is important keep in mind the perspective of the author and the information known at the time of the investigation. Often times the reports are one-sided,
    Continue Reading Steps in Criminal Cases: Discovery and Pretrial Negotiations

    This is the third part of my series – When Should I Hire a Divorce Attorney. This post is about problems with money. Money problems arise in many marriages and that alone is not a reason to get a divorce. However, if the issues with money persist and lead to a breakdown of the marriage such that you have considered filing for a divorce, then it is a really good idea to hire a divorce attorney to help you.
    Continue Reading When Should I Hire a Divorce Attorney – Money Problems

    Steps in Criminal Cases: Preliminary Hearing

    If you have been charged with a felony, you have a right to a preliminary examination hearing. At that hearing, the State, through the district attorney, has the burden of proof and must produce a witness to provide testimony that establishes probable cause that: a felony was probably committed and that you probably committed it. At this type of hearing, hearsay is permissible. This means that the witness, often times a law enforcement
    Continue Reading Steps in Criminal Cases: Preliminary Hearing

    This is the second part of my series – When Should I Hire a Divorce Attorney.

    Infidelity is absolutely a time when you want to hire a divorce attorney. A divorce attorney will remain detached from emotions and will help you with your children and finances.

    There is something seriously wrong in your marriage, if one or both spouses are cheating. Infidelity, cheating, whatever you want to call it, is a violation of trust. When you violate trust, you
    Continue Reading When Should I Hire a Divorce Attorney – Infidelity

    As a divorce attorney in Sheboygan County I get asked all the time, “when should I hire a divorce attorney”. I have thought about that question and I have come up with 7 times when you should hire a divorce attorney. This post talks about one instance when you should hire a divorce attorney. I will make another post with additional instances.

    I cannot emphasize how difficult the divorce process can be, emotionally and physically. It takes a lot
    Continue Reading When Should I Hire a Divorce Attorney – Prior to Filing for Divorce

    YOUR TESTIMONY CAN MAKE A DIFFERENCE AT A HEARING

    One of the things that I discuss with my clients is that they are “fact witnesses” and nothing more. In family law matters, clients are concerned and distracted by emotion. The emotion of the moment can take over and cause a client to provide testimony that is not clear or factual. As you can imagine, any court official in having to make a decision benefits from factual information. A court’s
    Continue Reading YOUR TESTIMONY CAN MAKE A DIFFERENCE AT A HEARING

    THE CDC AND HHS HAS ISSUED AN ORDER PREVENTING YOU FROM PURSUING RESIDENTIAL EVICTIONS AGAINST ANY “COVERED PERSON”

    Landlords beware. Understand what you may do and what you cannot do under the new Order from the Centers for Disease Control and Prevention (CDC) and Department of Health and Human Services (HHS).

    The Order

    Effective September 4, 2020 and through December 31, 2020 a landlord cannot pursue a residential eviction if the tenant is a “covered person”. This Order was
    Continue Reading THE CDC AND HHS HAS ISSUED AN ORDER PREVENTING YOU FROM PURSUING RESIDENTIAL EVICTIONS AGAINST ANY “COVERED PERSON”

    While the divorce is pending, who gets use of the house, when can I see the kids, do I have use of our money? Get a Temporary Order!

    A concern among any person splitting from a spouse, is how do I know that I will be protected during the divorce proceedings? For starters, work with your spouse to come up with a plan. Ideally, the two spouses will come up with fair and reasonable resolutions that encompass placement of
    Continue Reading While the divorce is pending, who gets use of the house, when can I see the kids, do I have use of our money? Get a Temporary Order!

    DIVORCE: SUMMONS AND PETITION – WHAT YOU NEED TO KNOW

    A divorce or legal separation proceeding is really a lawsuit between two people. You are petitioning for orders related to your right to see your children and to protect your assets and income. Because the stakes are so high, the two parties to the proceedings must be aware that there is a pending divorce or legal separation action. In addition, each party must have knowledge of what the other
    Continue Reading Divorce: Summons and Petition – What You Need to Know

    Criminal Procedure – Initial Appearance

    You received a misdemeanor citation summoning you to attend an initial appearance or have been charged with a felony and are in custody awaiting your initial appearance. Now what?  

    The initial appearance is the first hearing in a criminal proceeding regardless if you have been charged with a misdemeanor or felony. Prior to or at the initial appearance you are provided with the criminal complaint, which is a charging document that lists the offenses
    Continue Reading Criminal Procedure – Initial Appearance

    WHAT IS A JOINT PETITION FOR DIVORCE OR LEGAL SEPARATION

    And WHY you may want to consider it

    It may not apply to every situation, but a joint petition for divorce or legal separation is a good way to file if you and your spouse agree that the marriage is broken. In filing a joint petition it puts both spouses on an equal playing field. Each of you will know what the petition says and you will each have
    Continue Reading What is a Joint Petition for Divorce or Legal Separation and Why You May Want to Consider It