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 father in a child custody and placement case is to be present. Establish consistent placement times with your child. Show up for those placement times, and be engaged during your visitation. Attend your child’s school events like plays or musicals. Attend your child’s parent-teacher conferences, and show up for your child’s extracurricular activities like sports or Boy Scouts and Girl Scouts. By being present for placement and events for your child, you will be an important part of their life. The second tip for a father in a child custody and placement case is to be involved. Know who your child’s teachers are and make sure they know who you are. Be sure to sign up for the child’s school newsletter and report card distribution. Know your child’s friends and their parents. And keep in contact with those individuals. The third tip for fathers in child custody and placement case is to show affection. Tell your child that you love him or her and don’t be afraid to hug your child. It doesn’t mean that you are not manly. It just means that you are a loving parent. The final tip is to co-parent to the best of your ability. Work with the other parent as well as you can. This may not be easy and will undoubtedly take some effort and patience to communicate, but the most well-adjusted children are those who have parents who get along to the best of their ability and put their child first. Being a parent is tough. Being a father in a divorce or a two-household family is especially trying. It can become more manageable if you remember the simple tips to be present, be involved, show affection, and co-parent to the best of your ability.

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 during the negotiation. B. The second tip for a child custody and placement mediation is to set your goals and limits beforehand. With the help of your attorney, determine your goals for the mediation session. That means: think about what type of schedule you want for your child what, if any, concerns you have about the other parent. By doing this ahead of time, you’ll be able to determine what areas you are willing to compromise on and what areas you are not willing to compromise on. Come into the session with a firm idea of your goals and limits. This will prevent you from regretting any decision that you make while in negotiations. C. The final tip for child custody and placement mediation session is to: focus on the best interest of your child. This is the most important of all the tips and should be at the forefront of all the decisions you make in your negotiation. It may mean that you have to compromise in an area that you wouldn’t normally do so. But if compromising is done for the best interest of your child, then it’s ultimately worth the sacrifice you’re making.

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 as well as control over the outcome of your divorce. Sometimes with a trial, it’s a little bit less certain, and you’re leaving the outcome in the hands of somebody else, i.e., such as the judge. That is why a marital settlement agreement is really important. So in the cases where you have two parties that can talk and compromise on issues, you certainly want to explore the idea of doing the marital settlement agreement. A marital settlement agreement is going to include: basically all terms that affect your children if you have kids such as: you need to determine who is going to have legal custody of the children; joint legal custody or sole legal custody will need to be decided physical placement is where the children live and who they spend time with and how often and what the schedule would be; don’t forget about the holidays and the times off of school such as spring breaks, winter breaks, and things of that nature whether or not one parent is going to be paying child support or not as well as health care expenses. Who is going to carry health insurance for the children? Is that going to be health insurance, dental insurance, vision insurance? What is the cost of that? How have you allocated that? You want to make sure to consider that and put that into your agreement. You want to talk about uninsured medical expenses. Those are the things that insurance doesn’t cover and who is responsible for that other provisions concerning the children would certainly come down to taxes, child tax credit, tax exemption and you want to make sure that your settlement agreement identifies that and who is being allocated those tax credits or exemptions variable expenses for the kids. Those are the things like how are we going to pay for school registration, school supplies? If the kids are a little bit older, maybe like driver’s ed fees and things of that nature All terms that affect your finances, your incomes, assets, debts, and liabilities Spousal support -- Wisconsin calls that maintenance. Other states may call it alimony. Your agreement needs to determine whether or not there will be spousal support, which are payments from one spouse to the other spouse to help support that person Personal property obviously is a big one. Starting with the bigger personal property things such as the home and real estate and how that will be divided up. Who is getting the house? If somebody is buying somebody out and the pay off or equalization payment for that. You want to certainly have provisions in there about any second homes that you have or investment properties If there was a business that was started during the marriage or even before, you need to make sure to allocate the business and who is getting the business and how that all works out Retirement plans, pension plans, bank accounts, checking and savings, money market and CDs, any bank account, HSAs, HRAs all of that needs to be considered and placed into the settlement agreement What about debts? Yes, we need to allocate the debts and figure out who is responsible for the debts and properly lay that out in the settlement agreement so everyone is completely on board and understands the payment of debt Tax filing and are you going to file as a married couple up to a certain period of time or if you’re getting divorced, of course, then you would be filing separately after that, but you may need to have some provisions in there to comply with the IRS and your state tax authority to figure out how you handle taxes for the year that you’re getting divorced There is going to be other standard language in your settlement agreements that talk about protecting one another from the other party not following through on the agreement. You’re going to put standard provisions in there to make sure that people are signing documents like titles and deeds and things like that to transfer property that has to be transferred. So as you can see in the settlement agreement, there is just a lot there and it’s another reason why you want to sit down with an attorney if you don’t have one and make sure that you’re covering everything. And if you do have an attorney, make sure again, sit down with your attorney and make sure the details are laid out. Don’t let the attorney off the hook by saying, “Don’t worry about it. We don’t need to cover that.” Absolutely not. You want these things in writing so there is certainty and you can move on in life. If you want to get more value, please reach out to an attorney like me. Ask some questions that are specific to your case. Hire an attorney to help you with that matter. It will be worth your time and your money in the long run and it will give you that certainty that you’re looking for.

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, participate in negotiations between the parties involved, and take a position in court on the legal custody and placement of the child. During the proceedings of the family law case, the GAL will present their findings to the court and make recommendations for placement and custody of the child based on the facts collected in the investigation. While it may seem intimidating to have an attorney responsible for your child’s placement, there are ways for you to help your child’s GAL gather all the relevant information needed to best serve and protect your child in the case. By remaining open, honest, and cooperative during the entire process, you will be able to maintain a positive and professional relationship with your child’s GAL, ensuring that your child’s best interests are protected. Remember: the GAL is a lawyer for your child and represents your child’s best interests, so it is very important to provide all information the GAL may request in order to help them best advocate for your child’s protection. Here are some recommendations to keep in mind while working with your child’s GAL: 1. Maintain an open dialogue with your child’s GAL. - Communication and cooperation are key when it comes to working with your child’s GAL. You will be working with the GAL for the entirety of your case, so it is important to keep a positive relationship between you and the GAL. Along with maintaining a strong line of communication with your GAL, make sure to keep them updated and informed of any relevant or changing information in your child’s life. It is important to stay honest and updated with the GAL at all times to ensure they have all the necessary information to make the best informed decision for placement of your child. 2. Make yourself available to your child’s GAL. - It is important to be as available as possible for the GAL responsible for your child. Your GAL will call you for information regarding your child, along with close friends, family members, and/or relevant references. To ensure the consistency of the case, always be available by phone or another form of contact. If you are unable to answer when the GAL calls, make sure to return their call in a timely manner. If your number changes, inform your GAL immediately. This will ensure that your case remains on track and does not fall behind. It is important for the mental health of you and your child to not draw out the case, as it may cause emotional stress to your family. 3. Provide your GAL with all the necessary documents regarding your child. - The GAL will need to be provided with various types of documents and information regarding you and your child to help them understand and investigate the case. To simplify the process, it would be beneficial for you to obtain the information that the GAL may need. When you get the documents and information, make a copy of it for the GAL. Be sure to make copies for yourself and for the court, as well. You may also have to sign a release so that the GAL can obtain some of this information. Examples of information the GAL may need include: ● school/daycare records, ● medical records, ● Child Protective Services reports, ● pay stubs/financial records, ● counseling/therapy records, ● criminal records, ● records of court cases involving anyone living in the house, etc. 4. Be flexible and cooperative. - GALs will sometimes request that the parents undergo psychological and mental health evaluations, parental fitness evaluations, and drug screens. It is extremely important to cooperate and go through with any evaluation that the GAL requests to ensure the GAL receives the necessary information about you and the other party to make a custody decision for your child that is in their best interest. 7. Be prepared for a home visit. - The GAL will usually conduct a home visit. The purpose of this home visit is to observe the child’s living environment and interactions between the child, their caregiver, and the parties involved in the case. Some of these home visits may be unannounced. Make sure that your house is always a suitable place to raise a child. Do not have people who don’t live at the house lingering around during home visits. Also, you should not act differently when the GAL comes to visit. The GAL will be able to tell if you are putting on a show. Just be yourself and act as you normally would when you are alone with your child. 8. You have a right to see any of the documents that a GAL uses to write your recommendation. If you want to see any of the documents, ask them in writing before the hearing. While family law cases may seem daunting, having a GAL appointed to represent the best interests of your child will allow for impartial and thorough judgements to protect your child during family court proceedings. With a GAL appointed, you can trust that your child’s best interests are being advocated for and protected.

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 and the order denying him postconviction relief, claiming that the revocation of his refusal to the blood test after the arrest of his 6th OWI was unconstitutional and should not have been recalled to increase his present criminal penalty. Forrett argued that the State’s use of his 6th OWI conviction to increase the criminal penalty for his latest OWI violated his Fourth Amendment constitutional right to be free from unreasonable searches under Birchfield and Dalton. He claimed that the Wisconsin Supreme Court’s holding in Dalton should be upheld in his case. In accordance with Birchfield, Dalton ruled that a sentencing court cannot use a refusal to explicitly increase the confinement portion of a sentence on an OWI in the same case. Moreover, the State cannot use a refusal to enhance the available confinement portion for the sentencing on a subsequent OWI. To counter Forrett’s opposition to his sentence, the State argued that imposing criminal penalties for a refusal and using a refusal conviction for counting purposes, to enhance the possible penalty for a subsequent and unrelated OWI conviction, are not the same. The State claimed this conclusion was held in statute by Birchfield and Dalton. However, the Court of Appeals agreed with Forrett in the unconstitutionality of using a refusal from a prior arrest to enhance criminal penalty on a subsequent case. It characterized the United States Supreme Court’s holding in Birchfield as: “pursuant to Birchfield, criminalizing refusal to a warrantless blood draw with criminal penalties exceeds the defendant’s implied consent, and thus, impermissibly burdens or penalizes a defendant’s Fourth Amendment right to be free from an unreasonable warrantless search.” Forrett, ¶ 11. The Court of Appeals characterized the Wisconsin Supreme Court’s holding in Dalton as “imposing ‘criminal penalties’ for a refusal is not lawful under the Fourth Amendment.” Forrett, ¶ 12. The court emphasized that “Dalton and Birchfield clearly stated that imposing ‘criminal penalties’ on defendants who refuse to submit to a warrantless blood test are outside the ‘limit’ of the Fourth Amendment’s prohibition against unreasonable searches.” Forrett, ¶ 12. Moreover, the Fourth Amendment to the United States Constitution and article 1, section 11 of the Wisconsin Constitution guarantee that persons shall be secure from unreasonable searches and seizures. In Birchfield, the Supreme Court analyzed implied consent laws under the Fourth Amendment and specifically, the constitutionality of warrantless searches—blood draws. The Court held that a refusal to submit to a blood test without a warrant can be the basis for a civil penalty—revocation—but it cannot be the basis for a separate criminal charge and penalties. So, why is the publication of Scott Forrett’s case important to present and future criminal cases in Wisconsin? This case was recommended for publication, as it amends how Wisconsin attorneys should approach OWI cases, and once it is published, it will become the law. Therefore, once the Forrett case is published, Wisconsin attorneys must act accordingly, pursuant to the case’s result. The Forrett case impacts how Wisconsin OWI cases should be prosecuted. Following the case’s publication, county and municipal prosecutors will no longer be allowed to dismiss OWI charges and allow a blood test refusal from a prior charge to stand in an open case. Thus, prosecutors must revisit their files and determine whether any OWI charges in their open cases are enhanced due to a prior refusal to submit a blood test. If any of their open cases contain these measures, those refusals may no longer be counted, and the charges must be amended accordingly. The same practice must be followed for all future 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, which requires taking time to speak with clients and get their side of the story. During investigations important pieces of information may be overlooked or deemed not important enough to follow up on. Sometimes the police reports have inaccuracies that adversely affect clients. Additionally, reports are sometimes lacking important information, which requires additional investigation on behalf of clients. Throughout the pretrial phase, it is always important to analyze the strengths and weaknesses of the case and file any necessary pretrial motions. Mistakes are sometimes made during the course of law enforcement intervention, which must be addressed by way of filing motions and negotiations. Pretrial conferences are informal meetings with the district attorney to discuss the case, exchange information and engage in settlement discussions when appropriate. Having an experienced team of legal professionals to help you navigate the criminal court process is vital and there is a lot to lose if your liberty is in jeopardy. If you find yourself along and accused of committing a crime, call our experienced legal team at Hawley, Kaufman & Kautzer today!

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 officer, may testify to what he or she was told by another witness or alleged victim. At a preliminary hearing you have a right to examine the witness through cross examination. If the State meets its burden, a defendant will be “bound over for trial”, which means that there is sufficient information for the case to proceed to trial. If the court determines that sufficient proof is not established at a preliminary hearing, the charges may be dismissed or amended. A preliminary hearing is not a trial in which the court determines guilt or innocence. However, it is an important step in the criminal justice process. During a preliminary hearing a defense may be discovered or the court may determine that the charge is not appropriate. If you have been charged with a felony and need help, call our team today!

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 lose credibility. That has a great impact on the marriage and a spouse’s ability to think clearly. The breakdown of trust is such a big deal. If you cannot trust your spouse to love and respect you, then how can you trust your spouse in other matters of life, such as with your finances and children? This is when you need an attorney to help you make wise decisions that will impact your future with your family and your finances. With cheating, forever, there will be feelings of suspicion, remorse, anger, hate, love, forgiveness, and more. Spouses will blame each other and all of this will fester and compound. Whether you are the victim or the cheater, one of you, or both of you, decided not to care enough about the marriage. When someone does not care to the point that there is infidelity, it is simply time to move on and file for divorce. You may not be able to change your spouse, but you can change yourself. You can change the way you react to the way someone treats you. Divorce is a way to change how you react to what your spouse does to you. You want to cheat? Fine, that is on you. But I am not going to wait for you to decide to respect and love me. You had a chance and I am moving on. You have one life. Would you rather live it happily or in sadness? You have to start believing that you are a co-creator in this wonderful life that has been offered to you. You make the decisions and you take action. You can design your life and how you wish it to be. Why are you waiting around for someone else to plan it for you? I can guarantee to you that your cheating spouse was not planning a wonderful life for you when he or she cheated. It is really the exact opposite. That person did not care whatsoever. The decision to stop caring was made long ago, and not just in the moment that the spouse cheated. Take control of your life and your plans. File for divorce and work with an attorney to start designing your future. Focus on your children and finances. Let the attorney help you through the untangling of your life, in order to put it back together to march forward. If you are the person that cheated, divorce attorneys work with you too. Maybe cheating was not the best way to exit your marriage, but now that it has occurred, we must deal with its impact. Wisconsin is a no fault divorce state. This means that infidelity cannot be used against you to punish you. Many people have the incorrect belief that because they cheated that they are deserving of less. We will work with you to talk about how the marital estate and your right to custody of your children will be affected. As a bottom line, please remember that your choices will have some impact on the divorce proceedings, but more than likely it is an emotional impact. You cannot let the emotional impact cloud your understanding of the law and what is entitled to you. You must determine to move on. Confront the challenges ahead of you. You need an attorney because the attorney is detached from all the emotion that comes from infidelity. A divorce attorney will remain focused on a positive outcome for you. We will help you address all aspects of a divorce. This includes the division of income, real estate, personal property, retirement accounts, investments, other assets and debts. Infidelity is a difficult topic, especially when you have children. A divorce attorney will help you determine, what if any impact cheating will have on your custody and placement rights. We will walk through this together to address all concerns you have. A divorce attorney’s job is to make sure that you leave the marriage with your children, your money and your dignity.

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. Prior to filing for divorce I cannot emphasize how difficult the divorce process can be, emotionally and physically. It takes a lot of energy and there is an emotional toll and a time commitment. Many people try to work it out with their spouse. Some are successful, but the vast majority of people that do this end up shooting themselves in the foot. Attorneys spend a lot of time undoing the damage that an unrepresented party has already caused. As attorneys we cannot change those facts. So, by hiring us early, we can avoid the mistakes and obtain a cleaner and more certain outcome. Mistakes get made. People do not receive the financial compensation that they deserve. Many people are unaware of the law and what is afforded to them. Routinely, people compromise on child support, spousal support and property division and they compromise, not because it is the right thing to do, but because they are scared to be successful. They are scared of the challenge and confrontation. Sometimes, friction is good. You cannot get a diamond without friction. So, you really need to press ahead and a good divorce attorney will help you. Spouses lean on each other, play to one another’s likings and take advantage of another's weaknesses. It is sad, because people seek a divorce for many reasons - power and control being one of them. For example, let’s say one spouse has controlled all the money. Then, when it comes time to divide money, and set child support and maintenance, the spouse who has traditionally exercised power and control simply exercises power and control all over again and the other party gives in to the financial demands and settlement. Or with kids, it may start out fair, but overtime one spouse starts taking more and more time or denies the other parent time with children. This usually happens when spouses are divorcing and one spouse becomes more comfortable with the idea of being separated. That spouse gains strength in a way and uses power and control to convince the other spouse to give in. After the fact, I ask, why did you do that and most people say it is because they were scared and just wanted it to be over with. This is the wrong reason to finalize a divorce. Finalize it when it is right. When it is fair and equitable and in the best interest of children. Yes, you can hire me after you file for divorce, and yes, you can hire me after your divorce is final and when you want to go back to Court to modify orders to make them more fair, but when you delay, you are already behind. It is like a marathon. It is best to start together at the start line, or sometimes prior to that, in training. We can plan and then file. We can file and then run together. Sure, I can assist you once you have started the race, but our outcome will be more certain if we start together earlier.