Includes representation of parents and children in disputes about custody and placement issues, after judgments have been entered. This area includes serious issues related to the removal of children from the jurisdiction, violations of custody and placement orders, custody or placement revisions necessitated by substantial changes in circumstances, actions to modify existing support orders and representation of parties in paternity actions.
We provide complete representation for parties in divorce actions which involve disputes over custody and placement of children, property division and financial support for parties and their children. The firm offers more than 30 years of experience in this area. Attorney John P. Schuster has been named one of Dane County’s best divorce attorneys by Madison Magazine™.
Including actions to establish parental rights, and to establish or modify custody and placement awards in cases where the parents were never married.
We help clients analyze and navigate the complex legal issues around estate planning to bring them confidence and peace of mind for their future. These issues almost always need to be addressed or revisited after a divorce.
We offer customized estate plans that address your unique circumstances and goals. Our services include drafting wills, revocable trusts, irrevocable trusts, powers of attorney for both finances and health care, and marital property agreements, while considering those assets that may pass to your beneficiaries by designation or other means.
For clients with significant assets, we offer strategies for tax planning and wealth preservation. We understand that family dynamics can be complex, which is why we provide thoughtful counsel on blended family considerations, special needs planning, and guardianship designations for minor children or dependent adults.
We draft personalized marital property agreements that protect your assets and define financial responsibilities within your relationship, such as prenuptial, postnuptial, and other agreements tailored to your unique circumstances. Our client-centered approach ensures your concerns are addressed for the security of you and your children’s future.
A Qualified Domestic Relations Order (“QDRO”) is a court order that establishes the rights for an alternate payee to receive benefits under a qualified retirement plan (e.g., pension plans and 401(k) plans).
Our QDRO drafting services help you navigate the complex process of dividing retirement assets during divorce proceedings to ensure fair distributions of these accounts.
We understand the requirements of ERISA regulations and plan-specific provisions. Our comprehensive service includes detailed analysis of retirement accounts, preparation of QDROs tailored to your specific situation, coordination with plan administrators, and court filing assistance. We handle communication with retirement plan administrators to ensure seamless implementation and will guide you through each step, explaining complex terminology in straightforward language.
Our pension valuation service provides accurate, comprehensive assessments of defined benefit pension plans for divorce proceedings.
We deliver precise calculations of the present value of future pension benefits, helping clients understand the true worth of these complex assets. Our methodology adheres to best practices and accounts for critical factors including mortality tables, interest rates, early retirement options, and cost-of-living adjustments.
We provide clear documentation of assumptions to ensure transparency and defensibility. We work closely with attorneys, financial advisors, and plan administrators to gather the necessary information and documentation.
Mediation is a cooperative problem solving process during which a neutral professional helps parties to a legal dispute to reach agreements which are in the best interest of all concerned, including the family and children in family court cases. Mediators do not take sides or make decisions for the parties, but help the participants themselves to resolve their misunderstandings outside of the court system.
John P. Schuster is a founding member of the Dane County Bar Project on mediation and was recently named in Madison Magazine™ as one of Dane County’s top lawyers in alternative dispute resolution. Mediation of disputes about custody and placement issues, or about financial matters, including property division and divorce are conducted. We are committed to the proposition that the best conflict resolution comes from lasting agreements of the parties, rather than court imposed orders.
Arbitration is a dispute resolution mechanism which provides authority to a third party professional to make decisions in cases where parties prefer to avoid the cost of litigation in the court process. Arbitration can be an abbreviated trial, or an informal process by which the parties minimize litigation expenses, or even avoid the need for legal representation. Arbitration provides an informal and prompt alternative for parties who have continuing disputes in family law cases, or otherwise.
We represent individuals who are seeking temporary or permanent guardianship of a child. Such situations may include adults who are providing a home for a student for the school year, and grand parents who, for various reasons, have taken over the care of their grandchildren.
Termination of parental rights cases can be either voluntary or involuntary. When a parent wishes to legally end his or her parental relationship with their child (for example, to permit the child to be adopted by a step parent) this can be done voluntarily.
An involuntary TPR petition may be filed by the corporation counsel (the county’s lawyer) or the district attorney, for any of the following reasons:
- The parent has abandoned the child
- The court has found that the child is in need of protection or services (a CHIPS finding) and the court has placed the child outside the parent’s home for six months or longer and the parent has failed to meet the conditions established by the court for the safe return of the child to the parent’s home, and there is a substantial likelihood that the parent will not meet these conditions within the next 12 months
- The parent has failed to stay in contact with the child
- If the court has denied the parent placement time with the child
- The parent has failed to assume his or her responsibilities as a parent, including the support of a child. The parent against whom such a petition has been filed has a right to a trial before a jury or the judge.
We represent individuals who seek to adopt a stepchild. Of course this process requires that one of the child’s biological parent’s rights be terminated prior to an adoption and this is frequently accomplished through a voluntary termination of parental rights process.
We defend and prosecute domestic violence, child abuse and harassment injunctions. Such matters often have serious implications for child custody and placement issues.