When parents cannot provide the care a child needs, another responsible adult may seek legal authority to care for the child. Wisconsin courts can appoint a guardian when the case meets the legal requirements. The court’s requirements depend on the child’s circumstances and the type of guardianship requested.
When guardianship may become necessary
Wisconsin law allows a court to appoint a guardian when the facts meet the requirements for the type of guardianship requested. The requirements differ for full, limited, temporary and emergency guardianships.
For full guardianship, the petitioner generally must present facts showing that the child’s parents cannot, will not or should not provide the child’s care, custody and control. Other compelling circumstances may also support the need for a full guardianship.
A limited guardianship can give a guardian authority over specific duties or decisions while allowing a parent to retain powers the parent can still exercise effectively.
A temporary guardianship may help when circumstances temporarily prevent a parent from providing appropriate care, custody and control. An emergency guardianship may address an urgent situation that requires prompt court action.
What does the court consider?
The proposed guardian must show that they can serve the child’s needs and that they willingly accept the responsibility. The court also focuses on the child’s best interests.
The person seeking guardianship must provide facts that support the request. Depending on the circumstances, the court may consider:
- The parents’ ability to care for and supervise the child
- The child’s needs and circumstances
- The type and scope of guardianship the child may need
- The proposed guardian’s ability and willingness to serve
- Any existing court case or order that affects the child
Wisconsin law also establishes notice and service requirements for people who have an interest in the guardianship case. The court generally appoints a guardian ad litem in a minor-guardianship proceeding, although Wisconsin law provides certain exceptions.
Guardianship does not always mean adoption
Guardianship and adoption create different legal relationships. A guardian can gain authority to care for a child without becoming the child’s adoptive parent.
The court can also limit the guardian’s authority. For example, a limited guardianship may give the guardian control over certain decisions while allowing a parent to retain other rights.
The type of guardianship requested affects the authority the court may grant. The court considers the child’s circumstances, the parents’ situation, the proposed guardian and the child’s best interests when deciding whether guardianship serves the child.