Q. If you receive a citation for an automobile accident but you don’t believe it was your fault, should you contest the ticket?

A.If you are involved in an automobile accident and receive a citation, but you don’t believe the accident was your fault should you contest the ticket?

A. Ultimately, the decision is yours. Some questions to consider are: What are your chances of success if you do contest it? How much will it cost you? Will you lose your driving privileges? A lawyer can help you assess your situation.

If you decide to contest the citation, you are entitled to a trial. If the case is to be resolved in municipal court, a judge will decide the matter. If the case is to be resolved in circuit court, a judge also will resolve it, unless you immediately request a jury and pay the required fee.

If you decide that you do not want to contest the citation, and if someone else’s person or property was injured as a result of the accident, you should plead “no contest” rather than “guilty.” A no contest plea, unlike a guilty plea, can’t be used against you later in a lawsuit.

Q. Do I have to go to court if I don't want to sign over my parental rights?

A. You can sign a waiver form that would be part of a termination proceeding (filed by the other parent) and adoption (typically) if this would be a step-parent type adoption. If this is signed and notarized, you would not need to appear in court.

Q. How do I begin to file for divorce?

A. You could start with a legal separation and if you or your spouse want to later convert it to a divorce (or dismiss it), it is a simple change. Separation papers have, for the most part, the same procedures and such as divorce papers.

Q. Can a man be ordered child support if he never signed a birth certificate if we were married?

A. If he was married at the time, and then later divorced, listing the children as theirs, then they are presumed to be his, and his legal obligation to support. The birth certificate does not control. He is entitled to have his name added to it. If there are other circumstances/facts, then he should consult with an attorney to discuss any potential options he may have.

Q. Can financial information be withheld at a child support hearing?

A. You would need to bring it or face possible contempt of court. Generally financials are sealed or, if originals, returned to the parties.

Q. How can I change my child’s last name?

A. The first step is to fill out a "Petition for Name Change for a Minor Child under 14" form. When the form is completed you must file the form with the Clerk of Circuit Court. You will then need to publish the notice in a qualified newspaper, as required under Wisconsin law. In addition, if your child’s other parent has parental rights (you are divorced from the other parent or paternity has been adjudged and that parent’s parental rights have not been terminated) you must have the other parent served with a copy of the notice and the petition. The other parent does have a right to contest the name change and may do so by answering the petition and or appearing at the court hearing. At the court hearing the court will either grant or deny the name change. If the other parent is contesting, you will have to show the court that the name change is in the child’s best interest. If the other parent chooses not to object, you will most likely be granted the name change for your child. If the other parent does not appear or answer the petition and proof of service is shown, the court is allowed to proceed with the hearing and will most likely grant the petition.

Q: Can I move with my children after a divorce?

A: If you will be moving with the children more than 150 miles away from the other parent, you are required to provide notice. There are specific requirements on when and how notice must be provided. Once notice is given, the other parent may object to your move. If there is an objection, the issue will be decided by a court prior to your move. The court may order you and the other parent to mediation and appoint a Guardian ad Litem.