Lyman v. Lyman
Settlement from wrongful termination of employment lawsuit was income available for child support.
Settlement from wrongful termination of employment lawsuit was income available for child support.
No error by trial court in setting child support both as a fixed amount and a percentage order from bonus.
Statute gives custodian of child born after separation or divorce the right to name the child.
Trial court’s order changing the names of the children was in contradiction to the statutes. Name change for children must be done under §786.36 Stats.
Trial court had no authority to change child’s name in paternity proceeding, absent mother’s agreement and compliance with procedural requirements of §786.36, Stats.
Post Divorce diagnosis of asthma was a change of circumstances warranting a transfer of custody where mother continued to smoke.
Standard of proof for modification of visitation is different from standard for modification of custody since modification of visitation impacts less upon the welfare of a child than a complete transfer of custody.
Burden of proof for change of custody is on movant to show that removal is necessary.
Standard for change in custody is necessity, because current conditions are harmful to child(ren).
(1) Where custodial parent engages in illicit relationships, the court must show a connection between the relationship and some harm to the child. Parent is not unfit if there is no effect on the children. (2) Also, basing decision on religious affiliation is an abuse of discretion. (3) Change of custody cannot be ordered based on economic, social or academic environment.