Wisconsin Guardianship Forms
To become the guardian of a child, you need to file the correct paperwork. You can download the forms needed below, then file them with your local county’s clerk of courts. The first three forms you need are the petition for guardianship, the affidavit, and the statement.
The child (if they are over 12), their parent, or an interested person can file for a guardian to be appointed to the child. Once everything has been filed correctly, the court will begin its process to appoint a guardian based on the child’s best interest.
Forms for Guardianship of a Minor
The following list outlines the paperwork that needs to be filed to get a child a guardian:
- Form JN-1501 – Petition for Appointment of Full/Limited/Temporary Guardian (Use form IW-1501 if the child is Native American)
- Form JN-1504 – Petition for Appointment of Emergency Guardian (Use in place of JN-1501 for emergency situations)
- Form GF-150 – Uniform Child Custody Jurisdiction and Enforcement Affidavit
- Form JN-1514 – Statement by Proposed Guardian
- Form JN-1510 – Nomination of Guardian by Parent or Child
- Form JD-1724 – Notice of Hearing (Use form IW-1724 if the child is Native American)
- Form JD-1798A – Order Appointing Guardian ad Litem or Attorney
These forms are used in all Wisconsin counties. However, some counties need extra forms like Milwaukee County has an additional questionnaire. If you have an attorney, they will know the exact documents you need, otherwise be sure to check your county’s website.
If you don’t have an attorney, it is also important to read the relevant Wisconsin statutes referred to in the above documents. These cases can be complicated and having an attorney makes the process much smoother. If you do decide to get an attorney, it’s best to select one that has a lot of experience with these cases, such as attorneys from Sterling Law Offices.
For Immediate help with your family law case or answering any questions please call (262) 221-8123 now!
Explaining the Procedure of Guardianship
Overall, the guardianship process begins with the petition, then the initial hearing can take place after all necessary parties have been served.
In the petition for guardianship, you establish the facts of the case. This document will outline each relevant person’s information, what type of guardianship is requested, and why guardianship is needed. There will also be space to prove that the proposed guardian is fit, willing, and able.
Once the petition has been filed, an initial court date is set and the person filing has to serve any interested parties. Serving is where the person filing lets anyone who needs to know that the case is happening. Interested parties need to be served at least seven days before the hearing. Interested parties include the child, the guardian ad litem, the child’s parent/guardian, anyone claiming paternity of the child, and anyone else the court requires.
The initial hearing can occur if everyone was served properly, and all the correct paperwork was filed within the required timeframes. Once the initial hearing happens, the case is in full swing, so any investigations and inquiries can happen. Once the court has all the information they need, they will decide who should be the guardian of the child.
Are you ready to move forward? Call (262) 221-8123 to schedule a strategy session with one of our attorneys.
Frequently Asked Questions
What does guardianship mean in Wisconsin?
Guardianship is what it is called when someone other than a parent takes custody and placement of a child. The guardian makes major decisions for the child and takes care of them day-to-day.
How much does it cost to file for guardianship in Wisconsin?
The total cost of your guardianship case will vary depending on what county you’re in and what costs you have to cover. Costs surrounding guardianship can include:
- Filing fees
- Guardian ad litem fees
- Attorney fees
- Postage for notices
- Certified copies
- Notary fees
How do you become a legal guardian in Wisconsin?
To become a legal guardian in Wisconsin, you need to file all the necessary documents. After filing, the court needs to choose you to be the guardian of the child.
How do I file for guardianship of a minor in Wisconsin?
To file for guardianship of a minor, you need to file the Petition for Appointment of a Guardian. The petition is how you begin the process. Then you file the other paperwork listed above. You file it with your local county’s court office.
How long is a temporary guardianship in Wisconsin?
Temporary guardianship lasts for 180 days. However, if need be, temporary guardianship can be extended for an extra 180 days.