- Divorce
- Child SupportThe paternity process involves two primary steps. The first involves the establishment that the alleged father is indeed the biological father of the child. This may be accomplished simply by the admission of the alleged father, or may be established through scientific testing, specifically DNA testing, which the state can require and which can determine by 99.9 percent accuracy whether the child is genetically that of the purported father. Once the genetics are determined, the court may then address issues pertaining to child support, custody, visitation and the last name of the child.
- Child Custody and VisitationIn most divorce cases, the parties have temporary terms put into place while the divorce is pending. These temporary terms enable the parties to begin to separate their lives while the divorce is pending. Temporary terms usually address issues pertaining to the minor children, child custody and support, maintenance, who will be living in the martial residence, division of personal property, use of vehicles, maintenance of insurance and tax issues. Temporary terms can be reached by agreement of the parties or by having a hearing before a Court Commissioner. Temporary terms may be modified at the request of either party during the pendency of the divorce, and are not an indication of how the divorce will be resolved on a final basis.
- AdoptionToday, Rebecca continues to represent individuals who have been charged with crimes, cited with traffic violations, or who are fighting against or trying to obtain restraining orders. Rebecca also represents clients seeking to establish guardianship and parents who want to pursue termination of parental rights and stepparent adoptions.
- PaternityFamily attorneys also handle Paternity cases. When two people have a child together and are not married, in accordance with the laws of the state of Wisconsin, a biological father has no legal rights or obligations towards the child unless paternity is established legally. Paternity actions may be commenced by the state, or they may be initiated by either the mother or father of the child. The state may commence an action for paternity against the biological father if the mother received state assistance to pay for her pre-natal and birthing costs, as the state requires the biological father to re-pay this expense to the state. Often times, a woman will elect to commence a paternity action in order to obtain child support from the biological father. In some instances, the father will elect to commence a paternity action to establish custodial and visitation rights with the child.
- Premarital AgreementThompson, Bissett & Castonia, LLP, women attorneys of the Fox Valley, provide family law services such as divorce, custody and prenuptial agreements. [read more]
- GuardianshipGuardianships occur when an adult becomes unable to independently function and/or requires assistance with their daily medical and financial matters. There are also situations where a child may become in need of a guardian. Our firm can assist with filing these guardianship petitions.
- Spousal SupportMaintenance, which used to be known as alimony, occurs when one party to the marriage requests the other spouse to contribute money to them on a regular basis to assist them financially both during and after the divorce, much like child support. Maintenance is unlike child support in that there is no set formula for maintenance. Rather, maintenance is discretionary to the judge and is a balancing act concerning a variety of factors. The most fundamental factors in a maintenance determination are the length of the parties’ marriage and the disparity in the income of the parties. Unless there are extenuating circumstances, the parties must first establish that they are in a long-term marriage for one party to request maintenance successfully. In general, and absent certain circumstances, a marriage really only begins to be considered “long term†if it is over 10-15 years in length. Other factors which must be present to make a successful maintenance claim are a disparity between the incomes of the parties, the ages of the parties, whether there are minor children, the health of the parties, the earning capacity of the parties and the financial obligations of each party. Your attorney will conduct an analysis of your marital and financial history and can discuss whether maintenance is an option for you.Â
- Legal SeparationCustody and placement are two different issues that pertain to parties’ minor child(ren) in the event of a divorce, legal separation or paternity action.
- AnnulmentMany people do not want to be bound to the community property laws of the state of Wisconsin upon entering into a marriage. Some of the reasons can include the fact that they are entering into a second or subsequent marriage, that they have children from a previous marriage, that they have acquired substantial assets or wealth prior to their marriage, that they own a business or that the person whom they are marrying is carrying significant financial debt. Whatever the reasons are, a person may choose to enter into a prenuptial agreement, which is a binding legal contract that specifies that in the event of a divorce, legal separation or annulment, the parties will not be obligated to follow the community property laws of the state of Wisconsin, and instead will divide their property and debts in accordance with the agreement they have created.
- Criminal DefenseAttorney Jennifer F. Thompson is the co-founding, senior partner of Thompson, Bissett & Castonia, LLP, an all-female law firm founded in 1999. Jennifer’s primary focus is family law and criminal defense....
- DUI/DWIA first-offense Operating Under the Influence, also known as OWI, is not a criminal offense. However, a second or subsequent OWI is regarded as a criminal offense and requires mandatory jail time, as well as a mandatory loss of one’s driving privileges. Jail time is determined based upon whether you were involved in an accident, as well as the level of alcohol in your blood (BAC) at the time of your arrest. In Wisconsin, an OWI fifth offense is regarded as a felony, as are some OWI offenses involving minor passengers. The attorneys at Thompson, Bissett & Castonia, LLP are experienced in representing individuals charged with drunk driving and can make valuable recommendations to their clients about the best way to proceed with their case. Our recommendation may include participation in Winnebago County Safe Streets Treatment Options Program (a.k.a. SSTOP). This diversion program can be explained in greater detail by your attorney.Further traffic matters such as Operating Without a Valid Driver’s License or Operating with a Revoked License are also regarded as criminal offenses.
- Traffic Violations
- MisdemeanorsMisdemeanor offenses are less serious criminal offenses where the maximum penalty can result in incarceration for up to one year in jail. In most instances, if a defendant is sentenced to jail, he or she is entitled to Huber privileges, which allow the defendant to work or provide child care while serving a sentence. The defendant may also be entitled to electronic monitoring if he or she is given a jail sentence, which means a bracelet is placed on the defendant so he/she can serve time outside of the county jail under monitoring. In most jail sentences, a defendant is entitled to “good time,†which means one quarter of the mandated sentence is eliminated, as long as he or she demonstrates good behavior while in jail.
- Restraining OrderOn occasion, it is necessary for a client to obtain a restraining order against another party in Family Court. The most common type of restraining orders are domestic abuse restraining orders, and frequently involve women seeking restraining orders against their spouse or significant other. A temporary restraining order is initially granted based upon the filing of a petition by the victim of domestic abuse, who alleges in the petition that he/she has been the victim of domestic abuse in the past, and believes he/she is in imminent danger of harm by the perpetrator. The Court Commissioner must then hold a hearing on the matter within 14 days of the issuance of the temporary restraining order. If the victim is successful at this hearing, he/she is eligible to maintain the restraining order against his/her perpetrator for up to four years.
- Business DisputesWhether you are starting a business, growing a business or own a business, you may require legal representation to assist you in the following areas; determining what type of legal entity is best for your business, entering into contracts with clients and prospective other businesses or partners, selling your business, employee-related issues, and defending your business against lawsuits.
- Social Security DisabilityBoth social security and social security disability income are programs offered through the federal government for people who are unable to work due to medical conditions. The process for receiving benefits under either program is the same, however at the law firm of Thompson, Bissett & Castonia, LLP, we only represent disabled persons requesting social security disability benefits. Social Security Disability works very much like an insurance program, and in fact is regarded as one. The amount of the monthly benefit you will receive is based upon your earnings and years of worked paying social security taxes. If you meet the medical criteria for either program you may qualify for these benefits, as well as free federally subsidized medical insurance.
- Estate PlanningIn 2007, Attorney Colleen A. Bissett became a partner of Thompson, Bissett, & Castonia, LLP. Colleen practices in a variety of areas, focusing primarily on family law, probate, and estate planning....
- Wills
- Power of AttorneyEstate Planning consists of drafting legal documents such as wills and power of attorney documents which specify your desires upon your death or in the event you are unable to communicate your wishes as to medical care or financial matters. These documents can also address your wishes in relation to your children.
- Probate
- Tax Law