Recent evidence suggests minor guardianship is a growing consideration in Wisconsin, particularly when parents are unable or unwilling to care for their children. There are many reasons for the trend from social and economic factors to domestic violence and child welfare.
Like many states, Wisconsin grapples with challenges like substance abuse, mental health issues, and economic instability, which can lead to parents being deemed unfit or unable to care for their kids. For example, the opioid crisis and rising mental health concerns (noted in broader U.S. trends) often result in children being placed with relatives or foster caregivers, sometimes leading to guardianship petitions.
In cases involving domestic violence and child welfare, the lack of funding for domestic violence shelters prompts guardianships by relatives when a parent can no longer provide a child a safe place to call home. All told, the Wisconsin Department of Children and Families (DCF) reports that about 1 in 11 kids are raised by someone other than a parent before age 18, a responsibility that often falls to grandparents or other relatives.
There are various reasons parents might not be fulfilling their roles, leading to guardianship:
Substance Abuse: Addiction issues, particularly in rural Wisconsin, can render parents unfit, prompting courts to appoint guardians (often grandparents or aunts/uncles).
Incarceration or Rehabilitation: Temporary guardianship (up to 180 days, extendable once) is common when parents are incarcerated or in rehab, as these situations have a foreseeable endpoint.
Mental Health or Financial Instability: Parents struggling with mental health or poverty may voluntarily delegate responsibilities to relatives via a Parental Power of Attorney or face court-ordered guardianship.
Abuse or Neglect: If a court finds evidence of abuse or neglect, guardianship may be granted to a fit relative or foster parent.
Parental Unwillingness: Some parents may choose not to resume care, especially in foster care cases where reunification fails, leading to full guardianship being awarded until the child turns 18.
Wisconsin Guardianship Law
Fortunately, Wisconsin’s updated guardianship law (Wis. Stat. § 48.9795, effective August 2020) streamlines the process for appointing guardians, making it easier for relatives or foster parents to seek guardianship. This could lead to more filings, as the process is clearer and more accessible, encouraging more petitions when parents can’t or won’t step up. There are four types of minor guardianship depending on the circumstances:
Emergency Guardianship: Lasts up to 60 days (extendable by 60 days) for immediate needs, like a parent’s sudden medical emergency.
Temporary Guardianship: Up to 180 days (extendable by 180 days) for situations like incarceration or rehab.
Limited Guardianship: Parents retain some decision-making rights, often used when they’re working to regain full responsibility.
Full Guardianship: Permanent until the child turns 18, granted when parents are deemed unfit, unwilling, or unable to care long-term.
Contact a Minor Guardianship Attorney for Help Today
Petitioning for guardianship of family member when a parent is unable or unwilling to care for their child is important so that grandparents or other family members have legal rights and protections when caring for a child. If you have questions regarding Wisconsin minor guardianship, contact the family law office of Jane Probst Law for immediate assistance today at 414-210-3135.