Lubinski v. Lubinski

Kent A. Tess-Mattner

Case Conclusion Date:September 25, 2008

Practice Area:Divorce / Separation

Outcome:Unfavorable trial court decision reversed

Description:Post-divorce case. Remarried father of young son with limited placement during the school year but primary placement during the summer deployed to Iraq. Upon learning of deployment, moved court to allow his new wife (stepmother) to exercise his placement schedule in his absence. Stepmother also filed for same on her own behalf as her visitation schedule while husband deployed. The trial court granted the motions and entered an injunction in favor of father and stepmother. I appealed on behalf of mother, and the Wisconsin Court of Appeals reversed the trial court. It held that the father could not assign his placement rights to a third party, and that the stepmother had no right to seek a visitation schedule where mother was not denying all visitation.