Many children are raised by someone other than a parent temporarily or permanently before reaching the age of 18. Many of these arrangements are informal, however, without legal guardianship, the person caring for the child cannot consent to a child’s medical, educational or other critical needs so formal guardianship is often in the best interest of the child.
Guardian Authorities at a Glance
Guardians are granted the authority to consent to marriage; enlistment in the armed forces; consent to major medical, psychiatric, and surgical treatment; obtain a motor vehicle license; represent the child in legal actions; carry out the rights and duties of legal custody; a right to change the child’s residence out of state; the authority to determine reasonable visitation with the child; other authorities not listed.
Emergency, Temporary, Limited and Full Guardianship
The types of formal guardianship in Wisconsin were recently expanded and clarified to meet the needs of children and families. The new law expands the types of private guardianship from merely “permanent and temporary” to include “emergency, temporary, limited and full”. The law provides guidelines for each type of guardianship, elucidating the conditions for granting a guardianship, the time frame involved, and the duties and rights conveyed to the guardian for each type of guardianship.
Types of Minor Guardianship at a Glance
Emergency guardianship may grant a guardian the authority to act only in relation to reasons specified in the petition not to exceed 60 days.
Temporary guardianship go a step further, granting temporary guardianship not to exceed 180 days when the child’s parent is unable to provide care, custody, and control of a child for a period of time.
Limited guardianship sets an expiration date with the possibility of extension that corresponds with a parents need for assistance with providing care, custody and control of a child, while allowing the parent to retain some decision making powers and shared custody.
Full guardianship requires that a petition prove that a child’s parent is unfit or unable to care for a child, granting a guardian all duties and authority to care for a child until they reach the age of 18.
Contact an Experienced Guardianship Attorney for Help
There are many children who require the care of a temporary or permanent guardian, which often falls to family members including grandparents who know the child and have a vested interest in the child’s well- being. A legal guardianship can provide family members with the legal authority to make important decisions for a child when the parent is unable to care for a child short or long term. If you have questions or concerns regarding Wisconsin guardianship of a minor, contact Probst family law office for immediate assistance today at 414-210-3135.