Becoming the guardian of a minor child requires the filing of specific forms with the clerk of courts in your county. A family law attorney can help you work through these forms and make sure all of the paperwork is in order and timely filed as the process unfolds.
Guardianship is a very different legal process than child custody in Wisconsin. If you need legal help in your guardianship case, contact the Wisconsin State Bar.
In Wisconsin, the term guardian is used to refer to someone other than a child’s parent who takes custody and placement of the child. The guardian holds major decision-making power with respect to the child and also provides routine daily care for the child.
You will begin with the following forms: (1) a petition for the appointment of a guardian, (2) an affidavit, and (3) a statement by the proposed guardian. These are all standard circuit court forms that are accepted in all counties.
If the welfare of the child requires the immediate appointment of an emergency guardian, you will use Form JN-1504 – Petition for Appointment of Emergency Guardian.Generally, the petition will be made using JN-1501 – Petition For Appointment of Guardian (Full/Limited/Temporary Guardianship).
However, some specific circumstances may require you to use an alternate petition form, for example:
Native American Child: If the child is Native American, you will use IW-1501.
Emergency Situation: If the welfare of the child requires the immediate appointment of an emergency guardian, you will use Form JN-1504 – Petition for Appointment of Emergency Guardian.
To complete the affidavit, you will fill out GF-150 – Uniform Child Custody Jurisdiction and Enforcement Act Affidavit.
To complete the statement, you will fill out Form Form JN-1514 – Statement by Proposed Guardian.
Some counties require additional forms with the initial filing. For example, Milwaukee County requires an additional questionnaire. Seeking the counsel of an experienced family law attorney can help ensure that you have submitted all the necessary paperwork required by the county in which you are filing.
First, an initial court date will be set. The process for obtaining this court date can vary from county to county, but a family law attorney or your local clerk of courts can help you navigate this step.
After you have an initial court date, you will need to serve all interested parties. This lets all parties who have an interest in the case know, both that the case is happening and when the first court date will be.
Interested parties include:
Interested parties must be served at least 7 days before the hearing
After all forms have been timely filed and all interested parties have been timely served, the initial hearing will take place. This initial hearing may prompt further inquiries and/or investigations until the court is satisfied it has sufficient information to decide who the guardian of the child shall be.
After all inquiries and investigations have been completed that the court deems necessary, the court will make a ruling as to who shall be the child’s legal guardian.
The cost of filing for guardianship in Wisconsin varies depending on several factors, including the county where the guardianship is being established and the specific circumstances of the case. There are multiple fees involved in the guardianship process, and they can add up.
Filing Fee: There is typically a filing fee when submitting the initial petition for guardianship. The amount can vary depending on the county, but it is generally several hundred dollars.
Guardian Ad Litem Fee: In Wisconsin, a guardian ad litem (GAL) is often appointed by the court to represent the best interests of the ward. The GAL’s fees are usually paid by the person seeking guardianship, and the amount depends on the GAL’s hourly rate and the complexity of the case.
Attorney Fees: If you choose to work with an attorney to assist you with the guardianship process, there will be attorney fees to consider. The cost will depend on the attorney’s fee structure, experience, and how involved they get in the case.
Other Costs: There may be additional costs associated with the guardianship process, such as fees for obtaining medical evaluations or other necessary assessments.
