Grandparents may have concerns regarding the well-being of a grandchild when a parent is not providing for their grandchild’s physical, emotional or social well-being. Issues regarding the care of a child may arise when a parent is struggling with substance abuse or mental illness or when the parent is absent for periods of time.
If a grandchild is in an unhealthy situation, a grandparent may wish to seek legal guardianship to care for a child on a temporary or long term basis. Guardianship can give a grandparent legal physical placement of a child – where the child will live day to day – and the legal ability to make major decisions for a child such as where the child will attend school, what medical treatments he or she will undergo, or what religious activities they will participate in.
To file for guardianship, a grandparent should work with an experienced attorney who will prepare and file the necessary documentation, which typically includes a petition for guardianship, nomination of a guardian, the statement of the guardian, and more depending on the case. An experienced guardianship attorney can provide in-depth information regarding the guardianship process and expert legal advice to ensure that the grandparent and grandchild’s interests are represented.
The court will consider four types of guardianship depending on the unique circumstances of the case and the length of guardianship needed. Emergency guardianship may be granted for immediate needs such as when a parent is injured in an accident or is critically ill and cannot care for a child. Temporary guardianship may be granted in cases where there is a defined end point to the need for a guardian, such as when a parent is participating in a drug treatment program or is incarcerated for a period of time. Full guardianship is typically granted in cases where a parent is deemed unfit to parent and lasts until a child turns 18. Limited guardianship is also a long term option, but allows a parent some authority over the child while they are a minor.
A court will act in the best interests of the child when assigning guardianship. The court will look at factors such as the child and family’s preference for a guardian, a guardian ad litems recommendation, and the proposed guardian’s suitability to provide support and foster a positive long term relationship with the child.
To obtain guardianship of a grandchild, it must go through e court. The process is much easier if the parent/parents agree to the guardianship, otherwise it is considered a contested guardianship. In either case it is advisable to seek the help of an experienced guardianship attorney to achieve the best outcome. If a grandparent is not ready to seek legal guardianship, but wishes to secure continued contact with their grandchild, they may wish to pursue grandparent visitation rights, which depend largely on the circumstances and whether parents are in agreement.
When you have questions regarding grandparent visitation rights or guardianship of a grandchild, contact Wisconsin family law attorney Jane Probst for more information at 414-210-3135.