Parental Rights in Cases of Substance Abuse

Sad LadyChild Custody Determinations When a Spouse Abuses Drugs or Alcohol

Unfortunately, many Americans suffer from addiction to drugs and alcohol. Substance abusers can create serious problems within their own families. In many marriages, drug and alcohol abuse is the primary factor in the divorce.

When a parent has a history of drug and alcohol abuse, child custody and visitation arrangements will require careful consideration. If your spouse has a history of abusing drugs or alcohol, you may feel strongly that he or she cannot provide adequate supervision or model appropriate behavior for your children following a divorce.

If you have concerns, it is important to discuss your options with an experienced child custody lawyer. Typically, the matter will boil down to what is in the best interests of your children.

Loss of Parental Rights in Cases of Substance Abuse

In cases where there is a preponderance of evidence that a parent is engaged in conduct which may potentially endanger a child’s mental, moral, or physical health, or impair a child’s emotional development, the court will enter orders to protect the child, which can include protection from harm caused by a parent addicted to drugs or alcohol.

These orders may include necessary reductions and adjustments to custody and visitation arrangements. They may include a restraining order to limit a parent’s communication or proximity to the children and the other parent or order supervised visits between your ex-spouse and the children.

Parents struggling with drug or alcohol addiction may be required to complete a treatment program and will likely be directed to abstain from being under the influence of, possessing or consuming alcohol or drugs in the presence of their children if they are granted custody or visitation.

Contact Our Experienced Waukesha Child Custody Lawyers

If you are considering divorce and are concerned about parental rights in cases of substance abuse and the custody or visitation of your children, contact the Waukesha and Milwaukee metro child custody and visitation attorneys of Probst Law Offices, S.C. for help today at 414-210-3135.

Wisconsin Spousal Maintenance

Alimony is referred to as spousal maintenance in Wisconsin. It is a payment one spouse makes to the other to reduce the financial hardship one may experience in a divorce.

When making a Wisconsin spousal maintenance determination, Wisconsin courts will look at various factors to decide the amount and duration of payments to be awarded. Among the factors considered are:

  • the education level and earning capacity of each spouse and whether one spouse contributed to the education or earning power of the other
  • the requesting spouse’s work history, training, and skills along with their time spent away from the work force
  • what responsibility the requesting spouse will have for the care of the children moving forward
  • the time needed for the requesting spouse to get the additional education or training so that they can find employment and whether with such employment will allow the requesting spouse to achieve similar standard of living as enjoyed in the marriage

Other factors will likely include:

  • The length of the marriage
  • The division of property
  • Each spouse’s age
  • The physical and emotional health of both parties
  • The ability of each spouse to work
  • Any other factor that is relevant to the requesting spouse’s need for maintenance and the ohter spouse’s ability to pay

Contact an Experienced Wisconsin Spousal Maintenance Attorney

If you are considering divorce, have questions regarding spousal maintenance or you are divorced and have a change income, contact an experienced Wisconsin spousal support and post divorce modification attorney at Law Offices of Jane Probst for more information.  Jane Probst’s guiding principle is to do what is in her client’s best interests. Jane will work closely with you to find the best solution for your situation. Favorable outcomes can be reached through negotiation, or if needed, through litigation. Since 1990 Probst law firm focused solely on Wisconsin Family Law. We offer free and confidential consultations. Call (414) 210-3135 to speak with an experienced spousal maintenance attorney.

Relocating With Children After Divorce | Waukesha Wisconsin Child Custody Lawyer

After parents divorce, circumstances can change in a custodial parent’s life which may result in a relocation. Many states, including Wisconsin, require that a parent planning a move notify the other parent of their intention to relocate with a child. A Wisconsin parent cannot simply leave with their child if the child is subject to a custody order.

There are procedures that a parent must follow if he or she wants to move with a child and there are measures a non-relocating parent can take if they object to the move. The laws are complex when it comes to the relocation of a child when custody and visitation are an issue, so it is recommended that parents work with an experienced child custody lawyer. Continue reading “Relocating With Children After Divorce | Waukesha Wisconsin Child Custody Lawyer”

Moms Returning to Work After Divorce

The vast majority of parents who take time off to raise children would ultimately like to return to the workplace. This is particularly true for stay-at-home parents that are divorcing who find themselves thrust into finding employment to financially support their family.

Returning to Work After a Divorce

Although there are more dads staying home with the children these days, more typically the mom will put her career on hold to raise the kids during the marriage and, when things go south, she is the one looking for a job.

Fortunately, research shows that many qualified women are able to return to the workforce when they want to or need to. However, studies reveal of the 73% of women who returned to the workforce, only 40% landed regular full time work.

One of the biggest challenges professionals face when trying to make a career shift is perception. Hiring managers looking at candidates who have been out of the workforce may be concerned about how current your skills are and where your priorities lie when it comes to the work/family balance. Continue reading “Moms Returning to Work After Divorce”

Waukesha Child Custody Modification

When there are children involved in a divorce, making decisions about their care can be difficult when the circumstances are new to a family. When raising children in two households instead of one, it is expected and understood that the child custody and visitation arrangements that you made early on may not suit your family’s needs indefinitely.

Changes in child support may also come up where a job loss reduces the amount of support that a recipient may be entitled to. Conversely, an increase in one parent’s income or unanticipated expenses related to the care of the child may result in an more child support. A remarriage of either parent can also change how much child support should be paid. Continue reading “Waukesha Child Custody Modification”

Feedspot Selects Probst Law Office for Top Family Law Blog

Top 80 badgeWe are pleased  to announce that Feedspot has selected Probst Law Offices, S.C.’ Blog, as a “Top 80 Family Law Blog.”  Click here, If you would like to receive monthly updates from our Wisconsin Family Law Blog.

Probst Law Offices’ attorneys are experienced in all areas of Wisconsin Family Law, including:
• Traditional Divorce and Complex Divorce
• Business Owners in Divorce
• Child Custody and Child Placement (Visitation)
• Interstate Child Custody Matters
• Child Support & Spousal Maintenance
• Guardianship and Grandparents Rights
• Adoption and Termination of Parental Rights
• Same Sex Couples
• Domestic Violence
• Pre-nuptial and Post-nuptial agreements.
• Paternity

It is important to seek the counsel of an experienced family law lawyer. Contact Probst Law Offices at 414-210-3135 for assistance with your family law issue.

Waukesha Domestic Violence Divorce Attorney

Waukesha Domestic Violence Divorce Attorney | Restraining Orders for Wisconsin Divorce

If you are considering divorce and have concerns regarding domestic abuse, child abuse, substance abuse or other safety issues that may put you or your children in danger from your soon-to-be ex-spouse, you may want to consider contacting a Waukesha domestic violence divorce attorney for help with a restraining order or an order of protection.

If you are in imminent danger, it is important to contact the police or a domestic abuse shelter for immediate help. If the matter is related to your Wisconsin divorce or family law matter, we can help you with all issues related to obtaining a Wisconsin restraining order or an order for protection.

A restraining order is a court order that directs someone not to hurt you, to stay away from you, move out of your home, cease contact of any kind or stop harassing you. It may also extend protection to your family members.

The process is initiated by petitioning the court for a temporary restraining order, which, if granted, will result in an injunction hearing where the court may issue a final order of protection, or injunction, that will be valid for up to two years for child abuse, and up to four years for domestic abuse or harassment. Continue reading “Waukesha Domestic Violence Divorce Attorney”

What is Divorce Mediation?

A mediator is a neutral third party that helps individuals resolve disputes through compromise and settlement rather than through litigation.

We believe that Divorce Mediation and the Collaborative Divorce process are two options that are available to resolve your divorce without having costly child custody battles. Mediation also minimizes the acrimony that divorcing couples often experience.

Mediation and Collaborative Divorce are usually faster and therefore, more cost-effective, in resolving child custody conflicts. Divorce Mediation and the Collaborative Divorce process avoid time consuming and costly courtroom child custody litigation. Continue reading “What is Divorce Mediation?”

Retirement Accounts in a Divorce | Waukesha Property Division Lawyer

If you are considering divorce, you and your spouse may have retirement accounts subject to marital property division. It is important to evaluate what steps you need to take to ensure that these accounts are divided between the parties.

There are several types of retirement accounts that may be divided in a divorce. The most common type of retirement account is a qualified plan such as a 401(k), 403(b), deferred compensation or a pension.

To divide these accounts, a special order called a Qualified Domestic Relations Order or QDRO must be prepared by your attorney or a financial adviser. Continue reading “Retirement Accounts in a Divorce | Waukesha Property Division Lawyer”

High Stakes Marital Property Division in a Complex Divorce

Marital property division in a divorce typically involves common assets such as your home, automobiles and retirement accounts. In financially complex divorces, couples often have a wider of variety assets that require attention.

Dividing Complicated Assets in a Divorce

Among the many assets a couple may have are stock options and restricted stock, deferred compensation, a closely held business or professional practice, partnerships, retirement and insurance plans, trusts and real property beyond the family home. Add to this, items such as art, antiques or collectibles that must be valued in order to reach a fair division of marital assets. Continue reading “High Stakes Marital Property Division in a Complex Divorce”