In Re Paternity of Nastassja L.H.J.
Paternity case is an underlying action allowing grandmother to petition for visitation.
Marquardt v. Hagemann-Glascock
Continuing obligation by father to pay child support does make a paternity action an underlying action allowing a grandmother to petition for visitation. Unless there is a previous filed action which threatens to expose children to the trauma of a dissolving family, the state cannot interfere with parents’ decision.
In Re Custody of H.S.H-K
No custody action under ch. 767, but court has equitable power to protect child’s best interests by ordering visitation. Courts have jurisdiction in equity to act in the best interests of a child. Court can order visitation where petitioner has parent-like relationship and a significant triggering event justifies state intervention.
F.R. v. T.B.
Trial court did not exceed discretionary authority where it awarded grandmother expansive visitation right. Such order did not violated father’s fundamental liberty rights as father maintained most decision making authority. However, trial court exceeded its authority when it ordered father to obtain psychotherapeutic treatment for child.
Lubinski v. Lubinski
Circuit court erred in ordering an injunction to enforce father’s placement during military deployment as physical placement rights are not transferable and cannot be delegated to his new wife. Court also erred in awarding step mother visitation. The trial court did not give deference to mother’s visitation decisions as mandated under Rogers.
In Re Opichka
Trial court did not misuse its discretion in order visitation for grandparents where their daughter had died. There is not a difference between the quantity of “visitation” and the quantity of “physical placement”. Both are situations where the children go out of the custodial home. No equal protection violation by treating parents with a deceased spouse different from parents in an intact family.
In Re Marriage Weiss v. Weiss
Trial court’s finding that is was presently impossible to determine present value for tax shelter upheld. Since determination of present value was unacceptably speculative, the trial court properly chose to provide for a 50-50 division in the net after-tax distributions.
Articles on Tax Returns and Divorce
Articles from scholarly/legal journals on tax returns and divorce.
Marriage of Forester v. Forester
Trial court did not err is assessing joint tax refund to husband who used it to towards his estimated taxes for the following year, for which he was solely liable.
In Re the Marriage of Carew v. Carew
Trial court properly ordered the parties to sign and amended tax return and wife was entitled to half the refund. The parties had filed joint returns, the divorce judgment ordered that refunds were to be equally divided for a different year and the refund check was in joint name. (Not published, but citable.)