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Wisconsin Attorney | Random Lake, WI | Hawley, Kaufman & Kautzer S.C. (hkklawoffices.com)

Navigating a child custody case can be overwhelming, and it’s important to understand how to present your case in the most effective way possible. In this blog, I’m going to reveal five key strategies that can help you influence a child custody judge’s decision in your favor. These are not shortcuts, but proven tips that will help you communicate your arguments more effectively, challenge biases, and


Continue Reading 5 Tips To Influence Your Child Custody Judge

Wisconsin Attorney | Random Lake, WI | Hawley, Kaufman & Kautzer S.C. (hkklawoffices.com)

Domestic violence cases, whether in the context of an order of protection hearing or a custody case, are some of the most emotionally charged and complex matters in family law. As someone who’s been practicing for over 19 years, I can confidently say that preparation is key to winning these cases. If you don’t prepare properly, there’s a high risk of losing.

I’m Kyle Kaufman, a


Continue Reading How to Prove Domestic Violence in an Order of Protection Hearing or Custody Case: A Framework for Success

When you’re involved in a custody battle, one of the most important things you can do is understand how a judge thinks. It could very well be the factor that determines whether you win or lose your case. Many people walk into court assuming all they need to do is tell their side of the story—but family law doesn’t work like that. Judges follow specific principles, and if you’re unaware of what matters to them, you could be wasting


Continue Reading Understanding the Mindset of a Custody Judge: Why It’s Crucial for Your Case

Because INCARCERATION IS NOT VOLUNTARY UNEMPLOYMENT, what happens to child support when payors are sent to jail? 

Wisconsin has recently made changes to the child support guidelines that includes added language to the administrative code, DCF 150, the code that covers child support, regarding this specific situation.

What do these changes mean?

  • It means that Incarcerated payors can now seek a modification to child support orders. 

  • In Wisconsin, the Wisconsin Supreme Court has long held that incarceration is just


Continue Reading What Happens with Child Support When Someone Goes to Jail?

Legal custody disputes related to transgender children present special issues in family court. To help understand these types of disputes, it is important to know terminology, such as:

  • Gender identity

  • Gender expression 

  • Transgender 

  • Nonbinary

  • Gender dysphoria

  • Transition 

It is also important be aware of the people who could be relevant in legal custody disputes involving transgender youth, such as:

  • Counselors

  • Doctors

  • Expert witnesses on transgender youth

Examples of these types of disputes between parents: 

  • What if one parent is


Continue Reading How does a Court in Wisconsin Handle Legal Custody and Transgender Youth?

Wisconsin child support guidelines use the term “Serial-Family Parent.” A “Serial-family parent” means a parent with an existing legal obligation for child support who incurs an additional legal obligation for child support in a subsequent family because of a court order.

Who is a serial-family parent?

  • If you have a child with one parent, and then have another child with a different parent, you are a serial-family parent when it comes to considering how to set the support order


Continue Reading How is Child Support Calculated When a Person Has Children with More than one person?

Child support is generally ordered pursuant to the guidelines provided for in the governing statutes. Courts may deviate from these guidelines if it finds that the guidelines amount would be unfair. The court makes the fairness determination after evaluating the fifteen fairness factors. It is important for litigants to be prepared ahead of any request for deviation because the burden is on the requesting party to show that deviation is appropriate. Litigants often believe that child support is


Continue Reading Child Support: Deviating from Guidelines?

In Wisconsin, your child has the right to deny you placement or visitation with your grandchild absent a court order requiring visitation or placement. You, as the grandparent, have the right to petition the state courts for relief. When determining whether placement or visitation is appropriate, a court will look at whether the grandparent will act in accordance with the parent’s wishes and if placement or visitation is in the best interests of the grandchild. Grandparents have a


Continue Reading Grandparent Rights: My Child and I Had a Falling Out and They Have Prevented Me from Contacting My Grandchild

The Wisconsin Administrative Code pertaining to child support guidelines was updated effective January 1, 2024. The code chapter, specifically Department of Child and Families Chapter 150 (DCF 150), was updated to clarify when and how equivalent care should be applied when calculating child support. Child support is the obligation to support a child financially. Support is calculated by reviewing the payor’s gross income and comparing it to the amount of overnight placement that person has with the child.

In


Continue Reading Equivalent Care Credit in Wisconsin

Unfortunately, there are times when one party withholds placement of a child. There a can be many reasons or motivations for a party to withhold placement from the other parent. Regardless of the reason, the party who has had their placement denied, withheld or interfered with may file a motion with the court to have the placement order enforced. As in most cases when a motion is filed, the moving party must allege facts to show that their placement


Continue Reading Enforcing Physical Placement Orders

A temporary order in a divorce proceeding is especially helpful when there are contested issues. Think of a temporary order as the “rules of the game” during a divorce proceeding. Aside from limited situations, the soonest a divorce judgment may be granted is 120 days after service or filing a joint petition. A lot can happen in that time and without any provisions or orders in place either or both parties may find themselves in at a disadvantage. A


Continue Reading Temporary Orders in Divorce Proceedings

In pending divorce proceedings, it is common for the parties to reach at least a partial agreement regarding physical placement, legal custody, child support, property division or maintenance while other matters remain unresolved. In that case, even though the parties prepare, sign and file that written agreement with the court, Wis. stat. 767.333 requires that the circuit court hold a hearing to review the agreement with the parties. At that hearing the court will ensure that the written agreement


Continue Reading Initial Orders on Stipulations in Family Proceedings

You might hear of people who are legally separated and wonder how that is different from simply being divorced. In Wisconsin, legal separations and divorces share a similar legal process, but the end result is differently. For example, in both cases the parties have to file petitions with the court. The court cannot enter a judgment in either case until 120 days have passed since the joint petition was filed or the non-filing party was served.

In Wisconsin, the


Continue Reading Legal Separation versus Divorce

A proceeding to terminate the parental rights (TPR) of one or both parents is initiated by preparing and filing a petition, summons and a notice. The petition is the document that identifies the people involved, including the child, and the grounds to terminate the right of one or both of the parents. Think of “grounds” as the reason for filing the petition. The summons and notice are the documents in which the parents and other parties are notified of


Continue Reading Termination of Parental Rights Proceedings

A Qualified Domestic Relations Order (QDROs) is a court order that divides an individual’s retirement plans between themselves and their former spouse. The order is presented to the plan administrator and instructs how the plan should be divided between the member and the member’s spouse, often referred to a “alternate payee”. The QDRO is required by the plan administrator in order for it to deviate from the requirement that the member receive benefits from their retirement plan and instead


Continue Reading Qualified Domestic Relation Orders in divorces. What are they and why they matter

In an action for divorce and any other family action, the parties are required to submit a full financial disclosure. The court is actually required by law to order the parties involved to file the disclosure. This disclosure includes all assets owned separately or jointly between the parties in a divorce. The statute defines “assets” as real estate, savings accounts, stocks and bonds, mortgages and notes, life insurance, retirement interests, interest in a partnership, limited liability company, or corporation,


Continue Reading Financial Disclosures to the Court