Family, Criminal & Children's Court Attorneys Since 1991

Defining guardianship for minors in Wisconsin

On Behalf of | Jul 5, 2023 | Custody and Parenting Time |

The question of providing for the needs of minors in Wisconsin has received plenty of attention. As a result of several decisions, the laws concerning this topic have been revised. These REVISIONS are briefly outlined below.

Emergency guardianships

Emergency guardianships will no longer exceed a period of 60 days. Evidence must prove that the needs of the child in question require an immediate response. The petitioner for this type of guardianship must prove that they are the one who is best suited to meet these needs.

Temporary guardianship

Taking custody based on temporary guardianship is also possible. This type of custody cannot exceed a period of 180 days. It PERIOD can be extended for another 180 days if there is a justifiable reason. The petitioner must prove that the inability of their present guardian or parent to provide for and care for the children is cause for a transfer of custody.

Limited guardianship

A limited guardianship may be granted if evidence proves that a parent needs help in providing for the care of a child. The petitioner must provide a full statement of the specific parental rights that they seek to have transferred. The court will set a date of expiration. It can be extended if sufficient reason is provided.

Full guardianship

Full guardianship is the longest lasting type of guardianship that is currently permitted under state law. The petitioner must show that the parents of a child are unwilling or unable to provide care. They must assume responsibility for certain stipulated needs that the child may possess. This will remain the case until the child reaches the age of 18.

There are many considerations that a petitioner must weigh before they decide to assume the responsibilities of a guardian. The amount of time they must devote to a child is one of them. The changes to existing law in Wisconsin are designed to define all the applicable duties as clearly as possible.