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Our firm understands that family law matters are personal. We listen to your needs, respect your goals, and guide you every step of the way. Whether you are navigating a divorce, custody dispute, or need help modifying existing court orders, our goal is to protect what matters most to you.

family law

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At Derusha and Kramer, S.C., we understand that divorce is one of life’s most difficult transitions, affecting you and your family deeply. With a child-centric approach, we prioritize the well-being of your children, helping to reduce emotional strain while ensuring their best interests are at the forefront. We believe in open, age-appropriate communication that respects their needs.

Our firm is here to guide you through each decision thoughtfully and strategically, balancing short-term needs with long-term financial implications. As experienced divorce attorneys, we provide a comprehensive financial evaluation, addressing assets, debts, retirement, and future financial needs. We’re also well-versed in custody and placement disputes as guardian ad litems across Wisconsin. If agreements aren’t reached, we are prepared to advocate for your rights, in and out of court.

To best prepare, we recommend gathering relevant financial documents, though if access is limited, we have tools to obtain the information necessary for informed decisions. At Derusha and Kramer, S.C., we are here to support you through every step of this complex legal process. 

DIVORCE

FAMILY LAW

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Wisconsin Statute Section 767.41 governs legal custody in Wisconsin. Legal custody refers to decision-making authority over major issues including but not limited to health, education, schooling and religion. Joint legal custody – equal custody rights for both parents – is presumed to be in every child’s best interest in Wisconsin. You can modify custody as long as you meet certain statutory requirements. Our attorneys are knowledgeable on modifying child custody including custodial determinations at divorce or legal separation and when and why you can request modifications, how long the process takes, and what it usually looks like for parents. Wisconsin law allows parents to petition the court for custody deviations and modifications if certain conditions are met.

Granting an award of sole custody or impasse breaking authority to one parent is rare, but can be granted in various circumstances, including but not limited to:

  • If both parents agree;
  • If one parent isn’t capable of providing custody; and
  • If there has been domestic violence between the parties


CUSTODY

FAMILY LAW

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In Wisconsin, shared physical placement is generally considered in a child’s best interest, though it doesn’t require a strict 50/50 split. Instead, one parent must have at least 25% of annual overnights (92 nights per year). Initial placement orders follow Wisconsin Statute 767.41, while modifications after a final order depend on specific criteria in Wisconsin Statute 767.451.

Within two years of a final order, modifications are only allowed if current arrangements harm the child. After two years, changes can be requested if there’s been a “substantial change in circumstances” and it’s in the child’s best interest. Minor inconveniences aren’t sufficient for modifications, as courts require substantial grounds.

See Wisconsin Statute 767.41(5) factors at the bottom of the page. 

PLACEMENT

FAMILY LAW

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Establishing paternity can be complex, but a lawyer can guide you through the process. When paternity isn’t established by marriage or voluntary acknowledgment, legal action may be necessary to secure rights for you and your child, such as adding the father’s name to the birth certificate, preserving parental rights in adoption cases, and allowing for legal custody and placement requests. In Wisconsin, paternity can be established in four ways:

Voluntary Paternity Acknowledgment (VPA): The simplest method, allowing the father to establish paternity by signing a VPA form after the child’s birth. Note that this doesn’t create child support or custody rights.

Marital Presumption: If a child is born during a marriage, the husband is presumed to be the father. This applies to same-sex couples and post-birth marriages if parents sign an Acknowledgment of a Marital Child.

Court Ruling: If paternity is disputed, either parent can petition the court to establish it, leading to a hearing if necessary.

Genetic Testing: Wisconsin law allows genetic testing, which requires a 99% probability to confirm paternity, and can override prior presumptions.

PATERNITY

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Attorneys Derusha and Kramer have extensive experience as guardian ad litems (GAL) for children in Northeast Wisconsin, including Brown, Marinette, Manitowoc, and Oconto Counties. When parents cannot agree on custody or placement, a GAL is appointed to recommend what's in the best interest of the child. The GAL is not the child's attorney but advocates for their well-being, which may differ from the child's own wishes. In Wisconsin, children cannot choose where to live; however, their preferences are considered among various factors.

A GAL conducts "informal discovery" through interviews with parents, children, and relevant individuals and may review school or medical records. "Formal discovery" can include written questions, document requests, or depositions. The GAL’s recommendation is based on Wisconsin law, factoring in each parent’s wishes, any history of violence, the child’s safety and well-being, childcare availability, and the mental and physical health of all involved. If parents don’t reach an agreement, the GAL’s findings are presented to a judge for a final decision. Costs are typically split between the parents, though this varies by county.

Guardian ad Litem

FAMILY LAW

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In Wisconsin, when a court orders child support in cases of divorce, legal separation, or paternity judgment, parents must pay a reasonable amount to support their child, typically as a fixed sum. Child support also includes responsibility for health care expenses. The amount is based on each parent's income, the child’s placement schedule, and other relevant financial details, following state guidelines to ensure children receive adequate financial support in both homes.

Child support is based on gross income and placement. Shared placement orders consider both parents’ incomes and time with the child, while primary placement calculations are based on a fixed percent. Deviations from standard guidelines are rare and need court approval to ensure they serve the child’s best interests.

Support orders can be reviewed after 33 months or when significant changes occur, such as shifts in income, employment, or the child’s needs. In Wisconsin, child support usually ends when a child turns 18 or graduates from high school (or 19 if still in high school), though it can extend if the child has special needs.

CHILD SUPPORT

FAMILY LAW

Wisconsin Statute 767.41(5) 

additional information

Wisconsin Statute 767.41(5) outlines the factors the Court must consider in determining physical placement schedules for children in Wisconsin as follows: 

(5) Factors in custody and physical placement determinations.

767.41(5)(am)(am) Subject to pars. (bm) and (c), in determining legal custody and periods of physical placement, the court shall consider all facts relevant to the best interest of the child. The court may not prefer one parent or potential custodian over the other on the basis of the sex or race of the parent or potential custodian. Subject to pars. (bm) and (c), the court shall consider all of the following factors, which are not necessarily listed in order of importance, in making its determination:

1. The wishes of the child’s parent or parents, as shown by any stipulation between the parties, any proposed parenting plan or any legal custody or physical placement proposal submitted to the court at trial.

2. The wishes of the child, which may be communicated by the child or through the child’s guardian ad litem or other appropriate professional.

3. The cooperation and communication between the parties and whether either party unreasonably refuses to cooperate or communicate with the other party.

4. Whether each party can support the other party’s relationship with the child, including encouraging and facilitating frequent and continuing contact with the child, or whether one party is likely to unreasonably interfere with the child’s continuing relationship with the other party.

5. The interaction and interrelationship of the child with his or her siblings, and any other person who may significantly affect the child’s best interest.

6. The interaction and interrelationship of the child with his or her parent or parents and the amount and quality of time that each parent has spent with the child in the past, any necessary changes to the parents’ custodial roles, and any reasonable lifestyle changes that a parent proposes to make to maximize placement with the child.

7. Whether any of the following has or had a significant problem with alcohol or drug abuse:
a. A party.
b. A person with whom a parent of the child has a dating relationship, as defined in s. 813.12 (1) (ag).
c. A person who resides, has resided, or will reside regularly or intermittently in a proposed custodial household.

8. The child’s adjustment to the home, school, religion, and community.

9. The age of the child and the child’s developmental and educational needs at different ages.

10. Whether the mental or physical health of a party, minor child, or other person living in a proposed custodial household negatively affects the child’s intellectual, physical, or emotional well-being.

11. Whether any of the following has a criminal record or whether there is evidence that any of the following has engaged in abuse, as defined in s. 813.122 (1) (a), of the child or any other child or neglected the child or any other child:
a. A party.
b. A person with whom a parent of the child has a dating relationship, as defined in s. 813.12 (1) (ag).
c. A person who resides, has resided, or will reside regularly or intermittently in a proposed custodial household.

12. Whether there is evidence of interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am).

13. The reports of appropriate professionals if admitted into evidence.

14. Any other factor that the court determines to be relevant.
b. A person with whom a parent of the child has a dating relationship, as defined in s. 813.12 (1) (ag).
c. A person who resides, has resided, or will reside regularly or intermittently in a proposed custodial household.