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ATTORNEY STEPHANIE MCINTOSH
Attorney stephanie mcintosh (formerly prasser) is the owner and managing partner at mcintosh law & advocacy, llc.
stephanie earned a bachelor of science in psychology with a minor in at risk child/youth care on the pre-law track at the university of wisconsin - la crosse, and she received her Juris doctorate from marquette university law school.
stephanie grew up in northeastern wisconsin in a very small town, but moved to the kenosha area a few years ago. stephanie is a guardian ad litem in kenosha county and is passionate about helping children and families by being a fierce advocate in the courtroom.
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Legal custody refers to the ability to make major decisions on behalf of your child (such as where they attend school, when they go to the doctor, etc. ) Their are two types of custody, joint and sole. The statute requires that the court presume that joint custody is in the best interest of the child, therefore making joint custody the default order. Those seeking sole legal custody will need to establish why it is in the child’s best interest to do so.
Placement refers to the physical location of the child. This is addressed by establishing a placement schedule with each parent. The goal of the court is to maximize time with both parents, assuming it is safe and appropriate to do so.
While there are a number of statutory factors that go into the court’s decision on placement and custody, it all surrounds what is in the best interest of the child.
In addition to establishing custody and placement when children are involved, divorce and legal separation involve property division and sometimes child or spousal support.
Wisconsin is what we call a marital/community property state which means that income earned, property bought with that income, and any debts that are accrued during the marriage are equally owned by both spouses. During a divorce or legal separation, the court will need to enter an order dividing that marital property between the parties.
Spousal support, often referred to as alimony or maintenance, is designed for circumstances where one spouse earns a substantially higher amount than the other spouse, despite equally contributing to the marriage in other ways. There are a number of factors that the court must consider when determining if spousal support will apply to a case, including but not limited to the length of marriage, and the earning capacity of both parties.
Whether it is due to a death in the family, the developmental disability of a family member, or other unfortunate circumstances, becoming the legal guardian of a person allows you to make major decisions for that person or child, much like legal custody in family cases. In addition to statutory requirements that you must abide by if you want to become a guardian, there are a number of factors the court must consider prior to granting a guardianship.
You may also petition the court to be the guardian of the estate for an individual (adult or child) which is a separate process from the guardianship of the person and has it’s own statutory requirements.