Divorce Lawyer Serving Green Bay, WI

When looking for family lawyers in Wisconsin, the divorce and family law attorneys at Brabazon Law Office in Green Bay, WI, understand dealing with divorce or other Family Law matters can be emotional, expensive, and extremely frustrating. Our family law attorneys also understand how important these family issues are now and in the long term. Failing to protect your rights or making the wrong choice now can have a devastating effect on your finances, your relationship with your children, and your rights for years to come.

Divorce Signature, Marriage Dissolution Document — Green Bay, WI — Brabazon Law Office LLC

Whether you are filing for a divorce or legal separation, bringing, or fighting against a petition for paternity, or considering returning to court to modify your current child custody, child placement, or child support order, you need an experienced and aggressive family law attorney to make sure your rights are protected. Our Wisconsin family law attorneys are well versed in child custody laws in Wisconsin, community property law, no-fault divorce, paternity, divorce mediation, prenuptial agreements, and child support in Wisconsin.

Child Support

Once a placement arrangement has been established either in a Divorce or Paternity action, the Wisconsin courts require that child support be addressed. This is a very technical area of the law which can easily be misunderstood. The amount and type of placement you have with your children will dramatically affect the amount of child support. An experienced divorce attorney knows the ins and outs of the child support statutes and can help ensure that a fair amount is being paid to support your child.

Wisconsin guidelines require a payor to support their child based on a percentage of their gross (pre-tax) income:

  • 1 child = 17% 
  • 2 children = 25%
  • 3 children = 29%
  • 4 children = 31%
  • 5+ children = 34%

As with many areas of family law, there are exceptions to this rule. Examples of times where these percentages do not apply are when a payor has an extraordinarily high or low income. Other circumstances are when a payor has support obligations to other children or when there is a shared placement agreement. The shared placement scenario is the most common reason for deviation from the guidelines and is triggered when the parent with less time has at least 91 overnights per year. 


This triggers the use of a shared placement formula, which factors the exact number of overnights each parent has per year along with the incomes of both parents. As a general rule in this circumstance, the more overnights you have, the less child support you pay. Because incomes and placement schedules frequently change, child support is one of the most frequently modified family law orders. The rules and reasons for modifications are very specific and the help of a qualified family law attorney is often a must to ensure a fair support order.

Child Custody

One of the most emotional and hotly contested areas of family law revolves around Custody and Placement issues. These issues arise in Divorce and Paternity cases and are the subject of post-judgment motions to modify. Although many refer to custody and placement as the same thing, they are two completely separate legal concepts.

Legal Custody

Legal custody has nothing to do with the schedule or amount of time each parent has with their child. Legal custody concerns each parent’s rights to make a legal decision on behalf of the child. Legal custody would include decisions regarding religion, choice of school, and major health care decisions. The court will typically award joint legal custody regardless of the specific placement arrangement, which means that a parent who may only see her child on weekends would have just as much say in which school the child attends or whether the child will be medicated for a particular illness. 


Cases do arise where the parents cannot agree on these decisions and the court is forced to award one parent the ability to make the decision. When this happens, the parent is awarded sole legal custody. Although the physical placement of the child is not affected by one parent having sole legal custody, it can have a dramatic effect on the child's life. The family law attorneys at Brabazon Law Office are experienced in handling these matters and can help you through this process.

Placement

Placement refers to the actual time that each parent has with their children. The term visitation is no longer used in the divorce or paternity context; as long as each parent has some time with the child, they each have the child's placement. The amount of placement and the specific schedule of days can be the most difficult part of a divorce and the courts require specific steps to be followed to ensure the best interests of the children are being achieved. 


If placement or custody becomes an issue during a family court proceeding, the parties are ordered to attend mediation. If mediation fails, a Guardian Ad Litem (GAL) is appointed to represent the best interests of the child. Not until mediation has failed and a GAL has completed its investigation will the court hold a contested hearing regarding custody or placement. 


As this is usually the most important part of the divorce or paternity action, you must be fully informed regarding the consequences of any decision you make regarding custody and placement. A competent divorce attorney can be critical to ensuring the best interests of your child.

Maintenance and Alimony

Maintenance is a legal term that is often referred to as spousal support or alimony. As the terms imply, maintenance is a sum of money paid by one spouse to another to support them financially. Unlike child support, there are no state guidelines that specify the amount and length of maintenance; it is not even a given that maintenance will be awarded at all. If maintenance is an issue in your case, you must seek the representation of a divorce attorney. Once maintenance is waived, it is waived forever and cannot be requested any time after the divorce. If maintenance is awarded, it can last indefinitely and be a financial burden on the payer potentially for the rest of their life. A family law attorney who has experience handling these cases is an invaluable resource to protect your interests. 

Courts must consider several factors when determining the length and duration of maintenance should they decide to award maintenance. These factors include:

  • The length of the marriage.
  • The age and physical and emotional health of the parties.
  • The property division.
  • The educational level of each party at the time of the marriage and at the time the action is commenced.
  • The earning capacity of the party seeking maintenance.
  • The feasibility that the party seeking maintenance can become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage and, if so, the length of time necessary to achieve this goal.
  • The tax consequences to each party.
  • Any mutual agreement made by the parties before or during the marriage.
  • The contribution by one party to the education, training, or increased earning power of the other.
  • Such other factors as the court may in each case determine to be relevant.

As all these factors interrelate, you must have a divorce attorney who is experienced in dealing with maintenance cases. You must be able to weigh the true needs of the recipient against the ability to pay off the payor. Often slight changes to child support, tax exemptions, or the division of property can have dramatic effects on the amount and length of maintenance. Brabazon Law Office can help you calculate a fair maintenance award now and will look to your future needs and make sure that you have the best chance of being able to support yourself in the future.

Paternity

Paternity is the process that is used to establish the legal father of a child. The action can be initiated by either parent or by the county child support agency. Properly handling a paternity matter is extremely important whether you are a father or a mother, and the attorneys at Brabazon Law Office can help. In addition to establishing the rights of a father, the paternity judgment also must address custody, placement, child support, claiming tax exemptions, health insurance for the child, and naming the child.

Should any of these areas be contested, you have a right to a trial. Even if you are in a committed relationship and living with the other parent, establishing paternity can be important. The family law attorneys at Brabazon law office will meet with you and discuss your specific situation to determine whether starting an action is in your best interest. 


If a child is born to a mother while she is married, her husband is presumed to be the father of the child. In cases where the father of the child is not the husband, such as when a wife has been unfaithful or where the parties have separated and simply never bothered to get a divorce, the court will presume that the husband is the legal father of a child even though he is not the biological father. This is called the “marital presumption,” and the attorneys at Brabazon Law Office have handled many cases where we have challenged and ultimately overcome the marital presumption. 


Whether you are the mother, the husband, or the biological father, handling a marital presumption case is extremely important and complex. As a husband, you could be responsible for paying child support for a child that is not yours! As a biological father, you could lose the rights to your child altogether! To protect yourself and ensure the best interests of your child, you must educate yourself, and Brabazon Law Office has the experience and knowledge to do just that. 

Post Judgement Modifications

Sometimes circumstances change after your divorce or other agreement. In some circumstances, the law allows you to go back to court and ask that the original agreement be revised or modified. Our experienced Green Bay Family Law attorneys at Brabazon Law Office can help you determine whether your situation would allow you to make such a request. Our attorneys can also help you determine if there are risks associated with going back to court, risks you may not be aware of. 

If you feel that your situation has changed and that the divorce judgment or other family law-related judgment no longer fits your situation, contact one of the experienced family law attorneys at Brabazon Law Office and find out how we can work with you to get the best possible resolution. You must find someone to help represent and guide you through this process, who has a track history of results--and that is exactly what you’ll get when you work with the Green Bay family law attorneys at Brabazon Law Office.

Enforcement of Child Support Orders

When a parent receiving child support is having difficulty or not receiving the support ordered by the Court, that parent may seek to enforce a judgment for child support through the local county child support enforcement agency. 


Where the paying parent is behind on their child support payments, arrearages can be obtained by income withholding, interception of state and federal tax refunds, interception of unemployment insurance payments, collection by a collection agency, or liens on personal assets or property. There are additional administrative remedies available to collect child support payments. Such remedies may include property seizure and driver’s license suspension or revocation. 


To determine whether child support can be enforced in which manner, contact one of our family law attorneys at Brabazon Law Office.

Vacation or Revocation of Judgment of Divorce

There are occasions when the parties to a divorce decide to reconcile after their divorce has been finalized. There are manners in which divorced parties can essentially “undo” a divorce. A divorce judgment can be “vacated” if the parties reconcile within six months of the divorce. When a divorce judgment is vacated, the parties return to their prior marital status. The parties do not have to remarry. 


If more than six months have passed since the divorce judgment, the parties will have to remarry. Once they have remarried, the parties can apply for a “revocation of judgment.” Such a revocation will not affect the rights of third parties, and there is additional paperwork that must be completed where either party was the recipient of certain types of state aid. 


In either situation, the parties must provide the court with specific documents and then proceed with a hearing, which will likely take place before a court commissioner. For more information regarding the required forms and paperwork, contact one of the experienced family law attorneys at Brabazon Law Office.

Revision of Judgment

Divorce and other family law judgments can be modified under the appropriate circumstances. Types of judgments that can be modified include child support orders, family support orders, as well as custody and placement orders. However, property division or a judgment waiving maintenance cannot be revised or modified.


Where there has been a “substantial change in circumstances,” a party may motion the court for a revision of the judgment. Determining what type of change in circumstances qualifies as “substantial” can be difficult. There are many factors to be considered concerning the modification of a child support order. One of the family law attorneys at Brabazon Law Office can advise you and assist you in determining whether a judgment modification is appropriate in your situation.

Relief from Judgment

There are circumstances where a party seeks relief from judgment. Such relief does not require a substantial change in circumstances, as is the case with a revision of the judgment. Relief from an order regarding property division is difficult. However, a party can file a motion to reopen the property division portion of the judgment if it is within one year of the judgment, and the original property division was based on the adverse party’s mistake or fraud. Extraordinary circumstances are required to reopen a judgment. The following is a list of some of the reasons a person may request relief from a judgment:

  • Mistake, inadvertence, surprise, or excusable neglect.
  • Newly discovered evidence.
  • Fraud, misrepresentation, or other misconduct of an adverse party.
  • The reversal or vacation of a prior judgment on which the current judgment is based; and
  • It is no longer equitable that the judgment continues to be applicable.

There are additional circumstances under which a Court may determine that relief from judgment is appropriate. To find out whether your situation may qualify for relief from judgment, contact one of the family law attorneys at Brabazon Law Office.

Enforcement of Physical Placement Orders

Where there are physical placement orders and one of the parties is denying or substantially interfering with the other party’s periods of physical placement, the parent whose placement has been interfered with may petition the court for enforcement of the physical placement order. 


If the Court makes a finding that the responding party has intentionally and unreasonably denied or substantially interfered with the other party’s periods of physical placement, the following are actions the Court may take:

  • Impose additional placement periods to replace those denied or interfered with.
  • Impose a monetary award to cover the cost of attorney fees and bring the matter to court.
  • Issue an order with a specific placement schedule if not already outlined in the original order.
  • Hold the responding party in contempt of court.
  • Grant an injunction ordering the responding party to comply with the placement order.

Harassment Injunctions and Restraining Orders

Whether you are seeking a restraining order to protect yourself or your children, or whether a petition for a restraining order has been filed against you and you need to defend yourself, you need a family law attorney to help you through the process. One of our Green Bay attorneys at Brabazon Law Office will advocate for you and guide you through this difficult process.


If you or your children are in danger, you must seek all of the protection the law provides. In many cases, obtaining an injunction or restraining order against the individual can help. But you must have someone on your side, working aggressively to protect you and your family. Our Green Bay attorneys at Brabazon Law Office will work with you to be sure that all of your rights are protected.


If a petition for a restraining order has been filed against you, there can be serious consequences. You must call one of the Wisconsin family law attorneys at Brabazon Law Office as soon as possible to help you defend yourself against the accusations in the petition. The sooner you call, the sooner we can begin to vigorously defend you and protect your rights. If the restraining order is granted, your reputation can be seriously affected. Not only is it embarrassing, but it can very likely affect your employment. There are a lot of stigmas attached to the term “restraining order.” Current employers may find out and view you unfavorably as a result. Future employers may investigate your background and may choose not to hire you as a result of the restraining order. 

  • What is an Injunction?

    An injunction is commonly referred to as a restraining order. It is a court order that sets limits on the amount and type of contact one person may have with another. Many injunctions prohibit all contact with the other person.


    There are different types of injunctions, including domestic abuse, child abuse, and harassment injunctions. Generally, there is no cost associated with domestic abuse or child abuse injunctions. There is often a charge associated with obtaining a harassment injunction. Once a restraining order has been issued by the court, it must be properly served upon the person against whom the injunction is sought.

  • What is the Process for Obtaining An Injunction?

    Generally, there are two steps to obtaining an injunction. The first step is to file a petition for a temporary restraining order (TRO). The petition will include facts to support the need for protection from the court. If the court grants the TRO, it will schedule a hearing within 14 days where the court will decide on whether to grant a final order, called an injunction.


    After the order has been made, the Sheriff’s department will serve the order upon the other person. The person must be served with the order before the court will hold the final hearing. When the person is served, they will also be provided with a copy of the petition and a notice of the final hearing.


    The person against whom the injunction is sought is not required to appear at the final hearing, although they do have the right to be present. That person has the right to present arguments to the court as to why they do not believe an injunction is appropriate.

  • What are the Penalties for Violating an Injunction?

    An injunction goes into effect as of the date it is issued by the court. However, a person cannot be arrested for violating the terms of an injunction if they have not been properly served with notice of the injunction. The penalties associated with violating the terms of an injunction depend on the type of injunction. Generally, the person violating the injunction is charged with a misdemeanor. The maximum penalty for violating a domestic abuse injunction is 9 months in jail and/or a $10,000 fine. The maximum penalty for violating a harassment injunction is 90 days in jail and/or a $1,000 fine.

Child Protective Cases

As a parent, being accused of things such as child abuse, neglect, or family violence is a frightening prospect. Such accusations are very serious and can result in your children being removed from your home and being placed in foster care. An event like this is very traumatic both for the children and the parents and can turn a family upside down. 

If you are facing allegations regarding child welfare or child protection issues, you need to contact one of our experienced attorneys at Brabazon Law Office immediately. You must have someone working for you who will aggressively defend you against such accusations and work to protect the rights of you and your family.


Our Green Bay attorneys at Brabazon Law Office have extensive experience in both criminal and family law matters, both of which come into play in a family service, child protection, or child welfare case. You must have a child protective services attorney who has a strong understanding of both types of the law so they can get you the best possible resolution to the case. At Brabazon Law Office, we are frequently called by both individuals and the courts to represent parents and children in C.H.I.P.S. matters. We have a successful track record of keeping families together and minimizing the problems that can result when a family is forced to go through a child welfare or child protection process.

  • What is C.H.I.P.S.?

    C.H.I.P.S. stands for Children In Need of Protection or Services.

  • When Does a Child Need Protection or Services?

    The following is a list of circumstances in which Wisconsin Child Protective Services or a court may get involved in the life of a child to protect that child:


    • The child has no parent or legal guardian.
    • Abandonment or relinquishment (“Safe Haven” babies)
    • Abuse or risk of abuse
    • Self-inflicted abuse
    • The parent signs a petition requesting services for the child.
    • Placement for adoption or care in violation of the law
    • The parent is incarcerated, hospitalized, institutionalized, or missing and the child is receiving inadequate care.
    • Neglect or risk of neglect
    • Emotional damage
    • The child has alcohol or drug abuse issues.
    • The child has not been immunized as required by law.
    • Substantial risk to an unborn child due to uncontrollable alcohol/drug abuse by an expectant mother

  • What is Child Abuse?

    Abuse is physical injury to a child intentionally caused by another person. The definition of abuse applies to an unborn child where the behavior of the expectant mother could cause serious physical harm, such as through alcohol and drug use. A court can consider emotional abuse under this definition as well. A court may consider a child to be “at risk” of abuse if another child in the same home has been the victim of abuse.

  • What is Neglect?

    Neglect occurs when the parent or legal guardian of a child is unable to provide a child with necessary care, food, clothing, medical care, and shelter. The failure to provide this care must seriously endanger the child’s physical health to be considered neglect. Parents have the responsibility of training, protecting, providing for, and disciplining their children. A court may consider a child to be “at risk” of neglect if another child in the same home has been neglected.

  • How Does a C.H.I.P.S. Case Begin?

    In most cases, Child Protective Services (CPS) or Wisconsin Child Protection Services is contacted to investigate a report of potential abuse or neglect of a child. The caseworker decides whether they believe the child’s welfare is at risk or there may be a need for child protection. If the caseworker determines there are no safety issues, the case is closed. Where it is determined that the child is at risk and a need for child protection exists, a petition will be filed, setting forth reasons why the child is at risk. In most cases, the petition is filed by either the District Attorney or the County Corporation Counsel.

  • What Happens After the C.H.I.P.S. Petition is Filed?

    There are two phases in a C.H.I.P.S. case. The hearings are confidential. During the first phase, the court determines whether there is sufficient evidence that the child, is in fact in need of protection or family services. There will be a plea hearing where the parties involved (parents, child/guardian ad litem) notify the court whether they intend to contest the allegations outlined in the petition. 


    If none of the parties contest the petition, then the court will schedule a dispositional hearing. If one or more of the parties involved do wish to contest the petition, the court will schedule a fact-finding hearing within 30 days (within 20 days if the child is in insecure custody or if the case involves an unborn child and expectant mother who is being held in custody). 


    At the fact-finding hearing, the petitioner must prove by “clear and convincing evidence” that the child needs protection or family services. The hearing will be before a judge unless one of the parties timely requests a jury trial. After the parties present their evidence, the court or jury will make findings of fact and the court will make conclusions of law relating to the allegations included in the petition. If it is determined that the child needs protection or services, the court will schedule a dispositional hearing. 


    At the dispositional hearing, the court will decide what will happen to the child. There is no right to a jury trial at this phase of the proceedings.


  • What Happens if the Court Decides the Child Does Need Protection or Family Services?

    If the court determines that a child needs protection and/or family services, the court will designate an agency to submit a report to the court to aid the court in determining an appropriate disposition for the child. The report may include the following:


    • A social history of the child (or expectant mother).
    • A recommended plan of rehabilitation or treatment and care.
    • A summary of any report prepared during the initial investigation.
    • A statement of the objectives of the recommended plan, including any behavioral changes desired, as well as any academic, social, or vocational skills needed.

    At the dispositional hearing, the court will decide regarding what type of protection or family services the child may need in the best interest of the child’s welfare. The goal of the dispositional order is to undertake the least restrictive means necessary to maintain and protect the child’s welfare. The means chosen by the court shall also take into consideration the rights of the parents and child, as well as the protection of the public.


    There is a wide variety of ways in which a court can provide protection and/or services to a child in need. The following is a list of some of the potential ways a court may intervene:


    • Counseling for the child, parent, or guardian.
    • Placing the child under the supervision of an agency/department.
    • Placing the child under the supervision of a suitable adult, including a friend of the child.
    • Placing the child in the child’s home.
    • Placing the child in the home of a relative.
    • Placing the child in foster care.
    • Placing the child in a residential treatment center.
    • Transferring guardianship of the child to someone other than the parent or current legal guardian.
    • Requiring the child to undergo AODA treatment or counseling.
    • Requiring the child to undergo drug testing.
    • Requiring the child to complete a specific educational program.

    At the dispositional hearing, any party may present evidence, including testimony, in support of the recommendation of the agency or an alternative recommendation. After the hearing, the court will make its dispositional order. Ultimately, the court will put the order in writing and provide copies to all interested parties.

  • Can the Court’s Dispositional Order be Modified?

    Yes. The dispositional order can be modified if a person bound by the original order requests a revision. The request must be in writing and must explain why and how the original disposition should be changed. An attorney can assist an individual in determining whether the situation merits a modification of the original dispositional order.

  • Time limits

    Time limits are very strict for C.H.I.P.S. cases. Therefore, parties involved in such cases must be represented by an attorney who has experience in C.H.I.P.S. cases. 

Adoption

Court action and approval are required for any adoption to be finalized, including adoptions within the United States and foreign adoptions. Since the policies and procedures vary from state to state, you must seek advice from a qualified child adoption lawyer. In general, there are requirements designed to assess the fitness of adoptive parents. At Brabazon Law Office, we handle adoption cases for families in the De Pere, WI, and Green Bay, WI areas. 

A child adoption attorney from our firm can guide you through all phases of the adoption process. In addition to measures to assess parental fitness, there are policies and procedures related to adoption law that will be fully explained. For example, adoptive parents have the same legal duties for the care and support of the child as natural parents. Additionally, adoptive children are afforded the same benefits as natural-born children. 


When you need an experienced child adoption law attorney, you can rely on the attorneys at Brabazon Law Office to handle your adoption legal needs. We have guided many families through the process of both domestic and foreign adoptions and have extensive knowledge of the legal process and requirements. 

REQUEST A CONSULTATION

If you need to hire a Wisconsin family law attorney or divorce attorney, call today at 920-494-1106. We will make every effort to respond to your request in a timely fashion. We know how important your Family Law case is to you.