Divorce:

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™.

Family Law:

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.

Paternity Actions:

Including actions to establish parental rights, and to establish or modify custody and placement awards in cases where the parents were never married.

Mediation:

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:

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.

Guardianship:

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.

Juvenile Court:

We provide representation of parents or children in actions concerning children in need of protection and services (CHIPS), such as neglect and abuse cases, and actions to terminate parental rights (TPR).

CHIPS:

These are civil cases in which a petition is filed alleging a parent is inadequately caring for a child, and in some cases the child is removed from the home.  The court can take jurisdiction over the child and the family until the parent(s) meet certain conditions for the return of the child to their home. These cases involve working with the county Social Services office, the District Attorney’s office, and frequently, a Guardian ad Litem, who is an attorney appointed to represent the best interests of any minor child.

Termination of Parental Rights (TPR):

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: 

(1)  the parent has abandoned the child

(2)   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

(3) the parent has failed to stay in contact with the child

(4) if the court has denied the parent placement time with the child

(5) 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.

Step-parent Adoption:

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.

Domestic Violence:

We defend and prosecute actions on domestic violence injections arising out of cases of spousal or child abuse and harassment. Such matters often have serious implications for child custody and placement issues.