Caffee Law OfficeEau Claire, WI Lawyer2026-04-24T12:29:23Zhttps://www.eauclairewilawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1100920/2018/09/cropped-Caffee_logo_icon-32x32.pngOn Behalf of Caffee Law Office<![CDATA[3 steps unmarried fathers must take to get custody in Wisconsin]]>https://www.eauclairewilawfirm.com/?p=485752026-04-24T12:29:23Z2026-04-24T12:29:23ZMany Wisconsin dads assume that having their name on a child's birth certificate grants them legal parental rights. But in reality, it does not. Without a formal court order, you have zero enforceable rights to your child. Fortunately, there is a defined legal pathway available to you. Here are three steps to help you pursue custody in Wisconsin.
Step 1: Establishing your paternity
Paternity is the legal recognition that you are a child's father. Without it, you cannot pursue custody or placement. In Wisconsin, you can establish paternity in three ways:
Voluntary Acknowledgment of Paternity (VAP): Both parents sign this form, often at the hospital, to establish legal fatherhood.
Court order: If the mother disputes paternity, you can file a paternity action in court. The court may require genetic testing to verify your biological connection to the child.
Marriage: Marrying the mother after the child's birth also establishes paternity under Wisconsin law.
Once you establish paternity, you gain the legal standing to pursue custody. That brings you to the next step.
Step 2: Filing a petition for custody and placement
After establishing paternity, you must file a petition with the court. This petition addresses two distinct areas. Legal custody grants you the authority to make critical decisions about your child's life, such as education and healthcare. Meanwhile, physical placement determines how much time your child spends with you. Hence, filing this petition formally initiates the custody process and places your case before a judge.
Step 3: Attending your court hearing
After you file your petition, the court will schedule a hearing. You must attend. This is your opportunity to present your position and demonstrate to the court why custody or placement serves your child's best interest. Thus, you need to be prepared to speak to your involvement in your child's life.
Your child deserves a present father
At the end of the day, taking these steps reflects your dedication to being an active part of your child's life. Each step builds on the last and understanding your legal standing puts you in a stronger position moving forward. As you navigate this process, having the right information and support around you can make it considerably smoother. After all, your rights as a father in Wisconsin are worth understanding and worth protecting.]]>On Behalf of Caffee Law Office<![CDATA[Can you refuse a breath test in Wisconsin?]]>https://www.eauclairewilawfirm.com/?p=485712026-02-19T06:43:03Z2026-01-26T09:22:02ZThe role of Wisconsin's implied consent law
The state operates as an implied consent state. This means that when an officer arrests you for Operating While Intoxicated (OWI), you automatically agree to submit to a chemical test. It is important to note that this requirement applies only after an arrest, though exceptions exist for serious accidents involving injury or death.
The difference between roadside and station tests
The following are the two types of tests you may encounter:
The Preliminary Breath Test (PBT): You might recognize this as the roadside breath test. The officer mainly uses it to establish probable cause for arresting you.
The Evidentiary Test: This is a test conducted after an arrest, usually at the station or a hospital. This test falls squarely under the implied consent law.
While the PBT is generally voluntary under Wisconsin law, refusing the evidentiary test triggers automatic penalties, including driver's license revocation.
Officers must also read the "Informing the Accused" form, which explains the specific consequences of refusal before administering this mandatory evidentiary test.
The penalties you might face
You can expect the following if you refuse a chemical test:
First refusal: One-year license revocation, mandatory ignition interlock device (IID) installation and a 30-day waiting period before applying for an occupational license.
Second refusal: Two-year license revocation, IID requirement and a 90-day waiting period for an occupational license.
Third or subsequent refusal: Three-year license revocation, IID requirement and a 120-day waiting period for an occupational license.
If you had a passenger under age 16 in the vehicle at the time of the incident, the length of the license revocation can double.
You also only have 10 days from the date you receive the Notice of Intent to Revoke, which is usually given to you during the arrest, to request a court hearing to contest these penalties.
It might not help your case if you refuse
Some drivers believe that refusing a breath test eliminates evidence and makes it harder for prosecutors to build a case. While this thinking may seem logical, it can backfire.
Prosecutors can use your refusal of the mandatory evidentiary test as evidence against you at trial. Courts often view this refusal as an indicator of consciousness of guilt, suggesting you declined because you knew you were intoxicated. This negative inference can be just as damaging to your defense as a failed test result.
]]>On Behalf of Caffee Law Office<![CDATA[What happens when you do not yield the right of way in Wisconsin?]]>https://www.eauclairewilawfirm.com/?p=485672026-02-19T06:40:27Z2025-11-05T10:15:25ZUnderstanding the right-of-way law in Wisconsin
The right-of-way rule aims to lessen accidents on the road and promote free-flowing traffic. As a driver, you must follow these guidelines:
Yielding to oncoming traffic when turning to an alleyway or entering a U-turn, roundabout or highway
Yielding to a car in the right lane at an intersection
Yielding to pedestrians and cyclists crossing the street
In Wisconsin, the Department of Transportation has a 12-point demerit system that tracks your traffic violations. Disobeying the right-of-way rule is equivalent to four points, a significant portion of your record.
A conviction requires you to complete a Right-of-Way course within six months. Failure to complete the course by the deadline can result in a license suspension of up to five years.
Challenging your traffic ticket
Receiving a ticket for failing to yield can be a stressful experience, especially if you believe that you followed the law. The penalties you may face can severely impact your driving privileges.
You have the option to challenge the ticket by pleading not guilty and appearing in court for trial. Navigating the process may require assistance from an attorney.]]>On Behalf of Caffee Law Office<![CDATA[Should we use a coparenting app to communicate?]]>https://www.eauclairewilawfirm.com/?p=485632025-08-12T19:41:10Z2025-08-12T19:41:10ZA co-parenting app is a digital tool that allows co-parents to communicate in one centralized place. In addition to communication, most co-parenting apps have helpful features that help with organization and scheduling.
Common co-parenting app features
Common features within co-parenting apps include a calendar to keep track of children’s appointments and obligations and the ability to upload and view documents related to the children, such as report cards or medical documentation.
Co-parenting apps can also help with tracking expenses. For example, if you and your co-parent are required to share the cost of extracurricular activities and you pay for your son’s sports registration, you can upload a registration receipt to a co-parenting app and request reimbursement.
Advantages of a co-parenting app
There are many benefits to using a co-parenting app. Communication is easier and organization improves. The ability to keep a record of financial matters reduces conflict. Keeping all communication in an app prevents miscommunication since it is harder to miss messages if they are always sent through the same secure method.
Another major benefit to a coparenting app is some apps can be used as evidence in custody court. Depending on the situation, sometimes family court judges are able to login to the app themselves and view each parent’s messages.
Knowing that a judge could potentially read everything they say often keeps parents honest and amicable when communicating with each other. If you are trying to co-parent with a habitual liar or the victim of constant harassment by your co-parent, a co-parenting app might be just what you need.
Disadvantages of a co-parenting app
However, there are some disadvantages to co-parenting apps. Because they make communication so easy, you and your co-parent risk becoming too dependent on the app.
Even if you are in a high-conflict custody situation, sometimes situations are too complex to be discussed only via writing. The ease of using the co-parenting app might discourage you from speaking face-to-face with your co-parent when necessary. Relying on the co-parenting app could further complicate a situation that could be resolved with a quick in-person conversation.
If you are a private person or concerned for your children’s privacy, you may not like the idea of your personal details, children’s schedule and communications being available on the app.
Do you really need a co-parenting app?
Just because co-parent apps have benefits does not mean they are necessary for every parent. If you and your co-parent have little to no trouble communicating via other methods, a co-parent app might complicate a situation that was working just fine.
Finally, some co-parenting apps come with a fee. Even if you would like to use one, you may not be able to afford one. You may not have a choice if a court orders you to use one, but if you are worried about the cost, you could request to use one without a fee.
When the choice is up to you, it is important to weigh the pros and cons of using a co-parenting app before deciding if it is right for your situation.]]>On Behalf of Caffee Law Office<![CDATA[What happens when officers conduct field sobriety tests?]]>https://www.eauclairewilawfirm.com/?p=485612025-05-07T14:59:16Z2025-05-07T14:59:16ZOfficers try to gather scientific evidence
The purpose of field sobriety testing is to use somewhat scientific testing systems to screen people for intoxication. Police officers typically need probable cause to arrest drivers for DUI offenses. Field sobriety testing can provide them with that probable cause and can help them justify requests for chemical testing. As such, officers receive extensive training on how to properly conduct field sobriety tests.
During field sobriety testing, officers typically have drivers stand someplace close to the police cruiser to ensure that cameras capture their testing. The driver may need to perform a walk-and-turn test, a one-leg stand test and a horizontal gaze nystagmus test.
The first test looks at gait and gross motor function. The second test looks at balance. The third test allows an officer to evaluate drivers for visible muscle spasms associated with alcohol intoxication. The results of these tests can provide police officers with the probable cause they need to arrest a motorist or demand a chemical test.
Field sobriety tests can feel embarrassing for the driver performing the tests. Motorists may also feel quite anxious, in part because false positives are common during field sobriety testing. Motorists can usually decline field sobriety testing without consequence during traffic stops.
Those who fail the tests may be able to develop a defense strategy by providing an alternate explanation for their poor test performance. Learning more about what occurs during OWI traffic stops can help people handle traffic stops and better respond after an arrest.]]>On Behalf of Caffee Law Office<![CDATA[Fathers’ rights: Responding to false allegations in custody cases]]>https://www.eauclairewilawfirm.com/?p=485512025-02-13T13:37:03Z2025-02-13T13:31:44Zrelationship with your children and potentially avoid negative custody decisions.
Issues that may impact custody and placement decisions
In custody cases, some common allegations include:
Child neglect: Not providing enough food, clothing, shelter or supervision for a child
Substance abuse: Using drugs or alcohol in a way that puts a child's safety at risk
Domestic violence: Physical, emotional or verbal abuse within the family
Parental alienation: Trying to turn a child against the other parent through manipulation or false claims
Financial irresponsibility: A pattern of reckless spending or not providing financial support for the child
Emotional or verbal abuse: Harming someone emotionally through constant criticism, threats or intimidation
Inability to provide proper care: Not being able to meet a child's physical or emotional needs
Child abandonment: Leaving a child without proper care or supervision
These allegations can have serious consequences. If a court finds credible evidence, it may rule against you in custody decisions. But if the accusations are false, you have the right to defend yourself and present evidence to show your innocence.
How to respond to unfair custody allegations
False accusations can be very damaging to fathers. A good dad might lose time with his kids because of untrue claims. But Wisconsin courts don't just take accusations at face value. They consider various factors to determine the truth, including the child's relationship with each parent, their adjustment to home and school and everyone's mental and physical health.
In high-conflict cases, the court might order psychological evaluations or home studies. To get a clearer picture of the family situation, the court may also appoint a guardian ad litem (someone who represents the child's best interests). Both parents can present their case, including evidence such as witness testimony, emails, texts and photos.
Provide evidence and seek legal counsel
Courts prioritize the child's best interest, which often involves maintaining a relationship with both parents. However, if you, as a father, appear unable to refute false accusations, the court might limit your custody or visitation rights. In severe cases, this could lead to major restrictions on your time with your kids.
That's why it's important for you to act quickly if you're facing false allegations. Gather evidence and consider seeking a legal professional. These actions can be beneficial in protecting your rights and your relationship with your children.]]>On Behalf of Caffee Law Office<![CDATA[5 FAQs about child custody in Wisconsin]]>https://www.eauclairewilawfirm.com/?p=485472024-11-06T06:24:56Z2024-11-06T06:24:56Z1. What are the types of custody in Wisconsin?
In Wisconsin, custody splits into two main types: legal custody and physical placement. Legal custody involves making significant decisions about a child's life, such as education and healthcare. It can be joint or sole. Physical placement refers to where the child lives and receives day-to-day care. Both parents can share placement; one might have primary placement while the other has visitation rights.
2. How does the court decide custody?
If parents cannot agree on custody, the court steps in. The court bases its decision on what is best for the child. Factors include the child's relationship with each parent, the child's wishes, and any history of abuse or neglect. The court also considers the ability of each parent to cooperate and communicate.
3. Can a child's wishes influence custody decisions?
Yes, a child's wishes can influence decisions. Yet, the court evaluates these wishes in the context of the child's age and maturity. A Guardian ad Litem (GAL) may also represent the child's interests and provide input to the court.
4. Is joint custody common in Wisconsin?
Joint custody is common, as there is a presumption for it. Yet, this can change if joint custody is not in the child's best interests. Factors such as domestic violence or a parent's inability to cooperate can lead to sole custody awards. Consider reaching out to a legal professional for advice specific to your situation.
5. Do grandparents have visitation Rights?
Yes, grandparents can have visitation rights, but they must meet specific legal criteria. The court will consider if visitation is in the child's best interests and whether it interferes with the parent-child relationship.
Understanding child custody laws in Wisconsin is essential for any parent going through a separation. By familiarizing yourself with the types of custody and the factors courts consider, you can make informed decisions that prioritize your child's well-being.]]>On Behalf of Caffee Law Office<![CDATA[How to emotionally prepare for divorce]]>https://www.eauclairewilawfirm.com/?p=485432024-08-08T18:49:53Z2024-08-08T18:46:47Zyou may have a hard time and accepting that as part of the process is a good first step.
Acknowledge your feelings
During divorce, allow yourself to feel every feeling that comes up. You may have conflicting feelings at times, and that is normal. One day, you may feel reassured that you are making the right decision and another day, you may wonder if this is a mistake. Take heart in knowing that these emotional reactions are normal and that, eventually, you will reach emotional stability once again.
Rely on your support network
Everyone needs help, and people going through divorce are no exception. In fact, if you are going through a divorce, you need other people more than ever. Whether it is to listen, to help you with tasks when there is too much on your plate, or to help out with the kids, make sure you have a strong support network and do not be afraid of asking for help.
Focus on what's to come
Things may look bad when you're going through a divorce, and it might be hard to see the light at the end of the tunnel. However, there absolutely is one, and you will see it eventually. It is only a matter of time until you develop a new sense of self and feel stronger emotionally, so in the meantime, focus on looking forward.
Divorce is one of those situations that can turn a person's life upside down, and many people do not know this when they file for divorce. However, it is essential to know that many of these emotions and the chaos you may sometimes feel will not last forever. You will feel better and overcome this difficult time. Be patient and compassionate with yourself as you get through this period.]]>On Behalf of Caffee Law Office<![CDATA[Staying involved when you split time with your child]]>https://www.eauclairewilawfirm.com/?p=485412024-05-09T14:44:53Z2024-05-09T14:44:53ZAs parents, our connection with our children is the linchpin of our daily lives. When this connection changes after a divorce, it can feel incredibly destabilizing.
For Wisconsin parents who are in this situation, it is vital to remember that the bond with your children transcends living situations and custody schedules. Despite the miles or days apart, your involvement in your child's life can remain strong and meaningful with the following tips.
Prioritize consistent communication
The digital age has made keeping in touch easier than ever. Regular video calls, texts or emails can help you stay abreast of your child's daily life and maintain your presence even when you're not physically there.Be sure that these interactions are appropriate and comply with the rules outlined in your parenting plan. Further, they should not interfere with the other parent's time with your child.
Shared activities
Even if you're not in the same physical space, you can engage in activities together. Read the same book and discuss it, play online games or watch a movie simultaneously and share your thoughts. These shared experiences can be a bridge between visits.
Creative use of technology
Leverage technology to your advantage. Share a digital calendar to keep track of important events, use apps designed for co-parenting to streamline communication, or create a digital photo album to see and share pictures and videos of your child with love ones, including your ex.Again, you must use these resources responsibly. Do not violate the terms of your custody order, and be sure you respect the privacy of your child and your ex.
Integrating lives with respect
Respect between co-parents is crucial. When discussing the other parent, in person or online, do so with respect and consideration to protect your child's well-being. Being a respectful co-parent makes it easier for your child to feel safe and happy, whether they are with you or not.Splitting parenting time and child custody doesn't have to mean a diminished relationship with your child. By embracing consistent communication, shared activities and a respectful partnership with your co-parent, you can foster a deep and enduring connection.]]>On Behalf of Caffee Law Office<![CDATA[Wisconsin divorce and spousal support]]>https://www.eauclairewilawfirm.com/?p=485362024-02-22T22:50:52Z2024-02-22T22:50:52ZPerhaps you’re one of many Wisconsin parents who sacrificed a potential career to be a full-time stay-at-home parent. You may or may not have income from a remote position. Either way, if you and your spouse decide to divorce, you could encounter serious financial challenges as you (and your children) strive to adapt to a new lifestyle.You might have to go back to school or get a new job. Achieving these goals takes time and money. In such cases, it’s not uncommon for a family court judge to order spousal support. This order may be temporary or indefinite, depending on the unique merits of your case. Before requesting financial supplements in a divorce, it’s important to understand the issues the judge will take into consideration when making such decisions.
Factors of consideration for spousal support
The judge overseeing your case may act at the court’s discretion to make decisions regarding spousal support or other divorce-related issues, such as child custody or property division. Some of the issues the court considers when determining whether one spouse should provide financial assistance to the other are in the following list:
Marriage longevity
Education levels of both spouses
Current income and potential earning levels of both spouses
Accustomed lifestyle during marriage
Tax implications
Physical and mental health of both spouses
Ages of both spouses
The court may consider any other issue that it considers relevant to a request for spousal support. This type of petition is separate from any petition regarding child support.
Alleviate stress as you navigate a divorce
Most adults in Wisconsin have encountered financial challenges at some point in life. Divorce often intensifies the struggle. However, there are numerous resources available to help ensure that you receive the maximum you’re entitled to by law in a settlement. One thing you might want to do is to meet with a financial adviser -- in particular, one who understands Wisconsin spousal support laws. You might also benefit from the skills of a forensics accountant, especially if you believe your ex is trying to shortchange your portion of the settlement. Most people concerned about spousal support or other financial issues in a divorce also reach out to experienced legal advocates before heading to court. This is the easiest way to protect your interests and make sure you receive a fair deal. This is especially true if complex issues arise, such as a suspected hidden asset scheme or issues stemming from terms of agreement in a prenuptial contract. ]]>