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Serving Wisconsin for over 100 years

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Family Law

Family Lawyers Since 1920

• Family and Locally Owned

• Compassionate Legal Experts

• Family and Locally Owned

• Compassionate Legal Experts

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Honest Family Lawyers in Wausau, WI

Everyone has his or her problems: individuals, businesses, organizations, society at large, whole nations and, of course, families too. From time to time, these problems may involve legal issues that require the advice and assistance of an attorney. If you and your family are faced with such an issue right now, our firm would be happy to help you find a solution that works.

Serving the Wausau area, Marathon County, and North Central Wisconsin since 1920, the law firm of Schmidt & Schmidt S.C. helps families resolve a wide range of family law issues. We provide honest advice and effective legal services that produce solutions, not further problems. Some of the specific family law issues our lawyers can help you with include:
  • Stepparent adoption – for couples only.
  • Guardianship of minors for medical, school or grandparent purpose.
  • Premarital and antemarital agreements – the ONLY way you can keep your property out of the hands of your spouse’s creditors or for estate planning.
  • Creative contracts for unmarried couples and domestic partners – unmarried and desiring that each other will continue to benefit from their years of joint effort.
  • Divorce form assistance – help with the form and not actual legal representation. Very affordable and efficient for those who have worked out their agreements.
  • Divorce
  • Stipulated changes to child custody, placement and child support – A simple and highly effective procedure to make your agreements binding and legal.
  • Post-divorce modifications
We’re sensitive to the fact that it is not easy for most people to bring their family issues to a stranger — let alone talk to that person about them in detail. Here, you’ll find people who are friendly and down-to-earth, people who will be honest, direct and helpful. We’ll explain the law and the legal issues your situation involves, review your options, and let you know what kind of results you can expect with each of them. Once you’ve decided on a course of action, our goal will be to achieve your goals as quickly as possible.

Grandparents Rights

Do you have a grandchild who, because of issues with his or her parents, may need care or guidance that he or she is not getting at home? Do you believe you can offer that guidance? Wisconsin law gives grandparents the chance to petition the court for visitation rights and even custody in limited circumstances.

These laws are complex, and hearings over visitation rights can get heated among family members. We strongly recommend you consider hiring our experienced family law attorneys to make your case.

Grandparents’ Visitation Rights

As a rule of thumb, parents decide what is in the best interests of their children, and that includes grandparents’ visitation. If your grandchild’s parents are still married or the family is otherwise living together, it is unlikely a court would issue a decree granting visitation.

However, there are three circumstances where a court does have discretion to issue such an order: when the parents are divorced or separated, when they are unmarried, or when one or both parents are deceased.

Parents are divorced or legally separated: Grandparents may file a petition for visitation when a court action for divorce or legal separation has been filed and the family is not intact. Courts use varying tests to determine the “intactness” of the family.

Parents are unmarried: The court has discretion to grant reasonable visitation under these circumstances when all of the following apply:
  • The parents have not subsequently married.
  • The paternity of the child is known.
  • The child has not been adopted.
  • The grandparent has, or has tried to have, a relationship with the child.
  • The grandparent is unlikely to go against the decisions of the custodial parent.
  • Visitation with the grandparent is in the child’s best interest.
One or both parents are deceased: The grandparent can sue for visitation rights, unless another person has adopted the child.

Grandparents’ Custody Rights

Under Wisconsin law, a parent is entitled to custody of his or her child unless the parent is either unfit or unable to adequately care for the child or there are compelling reasons for awarding custody to a grandparent. Compelling reasons include:
  • Abandonment of the child
  • Persistent neglect of parental responsibilities by the custodial parent or both parents
  • Extended disruption of parental custody
  • Other “extraordinary circumstances” that would drastically affect the welfare of the child
Unless the parents have voluntarily given up their rights to the child and the grandparents adopt him or her, these cases can be extremely acrimonious and stressful for the child. Remember, at the end of the day the best interests of the child must be the primary goal.

If you believe you have a right to visitation with or custody of your grandchildren, Schmidt & Schmidt S.C. will help you in your fight to protect their best interests. Our experienced family attorneys in Wausau, WI work tirelessly to provide high-quality service and the best possible results to our clients.

Call or email us today for an appointment. Weekend and evening times are available by appointment. We can also meet with you in your home, in a health care facility or in another setting, if necessary. Major credit cards are accepted.

Domestic Partners and Estate Planning

Domestic partners and same-sex couples alike must give careful consideration to their estate plan. From having a simple will in place to naming a proxy in the event of a debilitating illness, a comprehensive estate plan can be the difference between unnecessary legal battles and a smooth transition.

At Schmidt & Schmidt S.C., we understand the challenges that couples face and can help our Wisconsin clients navigate these complexities. Clients trust us to explain the benefits of the different estate planning documents, and we ensure you understand the legal options available to you. From various contingencies to setting aside a trust for a minor child, our family lawyers in Wausau, WI will learn your goals and explain how best to achieve them.

Family Law and Estate Planning by Contract

Property rights, pensions and inheritances are all well-settled matters of family and probate law when a married couple is involved. Depending on the finances and other factors, a couple might face complex challenges best handled by an experienced attorney.

If you are in a same-sex marriage, you may want to consider a few agreements in particular when planning for family law issues or doing estate planning. These include the following:
  • Cohabitation agreements: These agreements can cover property distribution in the event of a breakup, much like marital property agreements do for couples who are contemplating marriage or are already married. It is important that the agreement is fair and that both parties fully disclose their financial information.
  • Power of attorney: This type of agreement can give your partner the power to manage your finances should you become incapacitated. Remember, if you do not have a contract like this, the law will view your partner as a stranger and he or she will not be granted this authority.
  • Wills and trusts: Creating a will or trust that names your partner as a beneficiary will allow him or her to receive some or all of your property, as you direct, during your life or if you are deceased, as the case may be. Without a legally executed will, your partner could be left with nothing and even lose property he or she contributed to during your lifetime.
Our lawyers will assist you with these creative contracts and other agreements to ensure that you can have the same legal benefits as married couples when it comes to estate planning and family law. If you have questions about cohabitation agreements or other creative solutions to the problems of being an unmarried couple, we can help.

Call for an Appointment

Same-Day Appointments Accommodated for Emergency Consultations

(877) 757-6995

(877) 757-6995

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Schmidt & Schmidt S.C.

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