By: Attorney Megan Drury

In divorce and family law cases, parents may need to address a variety of issues related to child custody. While there are some cases where parents may agree on how custody of their children will be handled, disputes often arise between parents, and it can be difficult to determine the best ways to resolve these issues. In some cases, a guardian ad litem may be appointed. Parents will need to understand the role this person will play in their case and the best steps they can take to protect their parental rights and ensure that they will be able to provide for their children’s best interests.

What Is a Guardian Ad Litem?

When parents disagree about how to handle child custody, it can be difficult for a judge to determine how to make decisions that will protect children’s best interests. The parents and their attorneys may make arguments based on their desires, their claims of what has happened in the past, and their individual beliefs about what is best for their children. However, evaluating the accuracy of parents’ claims, understanding the biases they bring to a case, and determining how emotions may color parents’ attitudes is not always easy. To more fully evaluate the situation, a judge may seek help from other parties.

Motorcycle riders face serious dangers as a result of sharing the road with cars, trucks, and other vehicles. A motorcycle crash can cause a wide range of severe injuries, and in many situations, it is the negligence of drivers in other vehicles that causes injuries to riders. However, whether or not the rider was wearing a helmet is often a point of contention in motorcycle accident cases. In cases such as these, it is important for motorcycle crash victims to work closely with an experienced personal injury who will work hard to hold the negligent driver fully accountable for the injuries he or she caused.

Helmet Laws in Wisconsin

In the state of Wisconsin, all motorcycle riders and passengers are strongly encouraged to wear helmets and other protective gear while riding. Fully-licensed riders who are 18 years old or older are not required by law to wear a helmet on Wisconsin roadways. A rider who is under age 18 must wear a helmet. A helmet is also required for any person riding with a motorcycle instruction permit. All riders, regardless of helmet use, are required to wear eye protection unless the motorcycle’s windshield meets the height requirement set by Wisconsin law.

Determining Liability for a Crash Where the Rider Was Helmetless

While there may be exceptions, a rider’s choice to forgo a helmet generally does not factor into determining which party was at-fault for causing a motorcycle crash. In fact, it is explicitly stated in Wisconsin law that evidence pertaining to whether a rider was wearing a helmet or not is not to be considered in a personal injury action. A driver who acted in a negligent manner, such as by running a red light or texting while driving, cannot argue that the crash would have been avoided if the rider had a helmet on.

Driving a vehicle after drinking alcohol is known to be dangerous, and drivers who have a certain level of alcohol in their system may be arrested for the offense of operating while intoxicated (OWI). However, some drivers may be uncertain about how the laws in Wisconsin address driving after using recreational drugs or other controlled substances. Are there certain levels of drugs that cause a person to be considered intoxicated? What about legal prescription drugs or other medications? Understanding how the laws address these issues can help a person avoid activities that could cause them to face criminal charges or other consequences that come with being arrested for OWI.

Wisconsin’s Definition of Impaired Driving

As is true in most other states, the legal limit for a driver’s blood alcohol content (BAC) in Wisconsin is .08 percent. A person will usually reach this BAC level after two or three alcoholic drinks. Even if they do not feel intoxicated or believe that they are safe to drive, they can face criminal charges if they are arrested and submit to a chemical BAC test that shows that they are over the legal limit. 

When it comes to other substances, the definition of intoxication is not always as clear. Different drugs can affect different people in different ways, especially if a person has built up a tolerance to a certain substance that requires them to use higher amounts of a drug before they experience a “high.” Because of this, measuring a person’s level of intoxication is not always easy.

The summer months are a time when many people enjoy themselves outdoors and participate in a variety of activities. People in Wisconsin have many opportunities for fun activities, including hiking, rock climbing, boating, and swimming in lakes, rivers, and public or private pools. While most people take care to protect the safety of themselves and others while participating in activities, accidents and injuries can still occur. Victims who are injured in these situations will want to determine their options for filing a personal injury claim and pursuing compensation that will address the damages they have suffered.

Liability for Recreational Activity Injuries in Wisconsin

People who are injured while participating in recreational activities may have multiple options for pursuing compensation. If an injury took place while visiting someone else’s property, such as when swimming at a pool at someone’s home or when using facilities at a business, a victim may be able to pursue a premises liability claim. If an injury was caused by defective equipment, such as faulty rock climbing gear, a victim may be able to pursue a product liability claim against the manufacturer.

It is important to understand how Wisconsin law addresses liability for injuries that took place while a person was participating in recreational activities. The state’s statutes detail multiple types of recreational activities in which participants must be aware of certain risks, including:

By: Attorney Megan Drury

Parents may need to address issues related to child custody in a variety of situations, although this is most often a factor in divorce cases. Most of the time, parents will be able to share custody of children. Joint legal custody will allow both parents to be involved in decisions about how their children should be raised. Shared physical custody (known as physical placement in Wisconsin) will ensure that children will be able to spend reasonable amounts of time with both parents. However, there may be some situations where joint legal custody may not be appropriate, and if there are potential risks to children’s safety and well-being, certain types of restrictions regarding physical placement may be put in place.

Joint Legal Custody vs. Sole Legal Custody

In Wisconsin, family courts presume that it is in children’s best interests for parents to share joint legal custody. This will ensure that parents can cooperate to raise their children and work together to make decisions about important issues such as where children will go to school, which doctors will provide medical care, and the religion that children will be raised in. However, there may be some situations where a court may determine that it would be in children’s best interests for one parent to have sole legal custody. These include cases where a parent is incapable of performing parental responsibilities, such as when they have a serious illness or disability, as well as situations where a parent is not interested in maintaining an active and continuing role in raising their children. 

By: Attorney Megan Drury

Many people consider marriage to be a partnership. When a couple gets married, they will often combine their finances, and the income they earn and the property they purchase will be considered to be jointly owned by both spouses. Even if a couple wishes to keep their finances separate, they will need to be aware that any property they acquire during their marriage will generally be considered marital property. This property will need to be divided between the spouses if they choose to get a divorce. 

To address this issue, or to protect assets that either spouse owned before they were married, a couple may choose to create a prenuptial agreement. By understanding what this type of agreement (commonly referred to as a “prenup”) can and cannot do, a couple can make sure they are prepared to protect their financial interests as they plan for their marriage.

By: Paralegal Rachel Sweet

Marijuana use has become more and more accepted in the United States over the past several years. Several states have legalized marijuana for recreational use, and a total of 37 states allow the drug to be used for medicinal purposes. Because marijuana has been found to provide many benefits for patients, people in Wisconsin may be looking to use the drug. However, it is important to understand the current laws regarding medical marijuana since violations of these laws could result in criminal prosecution for drug charges. 

Wisconsin Lawmakers Propose Medical Marijuana Bill

Unfortunately for Wisconsin residents, marijuana has not been approved for medical use in the state. However, polls have shown that 80 percent of Wisconsin residents support the legalization of medical marijuana. The Republican-controlled state legislature has failed to address this issue in the past, but this could potentially change in the future. In April of 2022, State Senator Mary Felzkowski introduced a bill and held a hearing to address the legalization of medical cannabis.

For most parents, the possibility of their children suffering harm is one of the worst things to contemplate. Parents do everything they can to keep their children safe, but it is impossible to watch them every second of every day. When parents leave their children in someone else’s care, they expect those people to provide the same level of protection while also meeting the children’s needs. Unfortunately, this does not always happen, and children can sometimes suffer serious injuries at daycare due to the negligence of staff members. In these situations, parents will need to determine how they can hold a daycare center responsible for the harm suffered by their children and their families.

Causes of Injuries to Children at Daycare Centers

Daycare is often necessary during the day to ensure that children will be cared for while parents are working. Unfortunately, there are a number of issues that may put children at risk while they are at daycare, including:

• Dangerous toys or playgrounds - Many toys contain small parts that may be choking hazards for younger children, or they can sometimes have sharp edges or other problems that present a risk of injury. Children may be injured if age-appropriate toys are not provided or if staff members allow children to use toys that are damaged or otherwise unsafe. Children may also suffer injuries due to defective playground equipment at a daycare.

  ...

By: Attorney Jorge Fragoso

Numerous actions may cause a person to be arrested and charged with a criminal offense, and the penalties they may face will depend on the specific laws they are accused of violating and the harm that was done to their alleged victims. While there are many different ways to categorize criminal offenses, many crimes can be divided into two broad groups: crimes against persons and crimes against property. The latter are some of the most commonly committed offenses, and even though they may seem less serious, since they may not result in physical harm to a person, a conviction can still lead to significant penalties. Those who have been accused of property crimes will need to understand how the laws address their specific situation, as well as the potential defenses that may be available.

Wisconsin Property Crimes

Crimes against property may involve damage to someone’s property, illegally entering property such as a building, or misappropriation of money or property belonging to someone else. These charges include:

By: Paralegal Ruth Campos

While motor vehicle collisions of all types can be serious, motorcycle accidents are especially likely to result in severe injuries. Motorcyclists have little in the way of protection, and they can suffer severe bodily harm if they are struck by a car or truck, thrown from their motorcycle, or make contact with the ground or other obstacles. Most motorcyclists recognize this danger, and they make every effort to protect themselves, including by wearing the proper protective gear, obeying traffic laws, and being vigilant for unexpected movements made by other vehicles. 

Unfortunately, it is impossible to prepare for every eventuality, and there are many situations where drivers act negligently, fail to share the road safely with motorcycles, and cause serious accidents. Motorcyclists who have been injured because of these actions may be able to take legal action and pursue compensation from negligent drivers who caused them any harm or injuries.