Guardianships

In many instances, you’ve got to determine the legal guardianship of a child. Typically, the need for a legal guardian arises if a child’s parents pass away. A legal guardian usually is a non-parent who takes responsibility for the child’s well-being and upbringing. Usually, an uncle, aunt, grandparent, or someone from your extended family will take care of your child. Legal guardians might be non-parent, but they’ve got all the legal responsibilities of a parent, including providing food, shelter, clothing, education, and medical care.
However, contrary to popular belief, legal guardianship doesn’t only transfer to a non-parent if the child’s parents pass away. Non-parents might also find themselves responsible for a child if their parents are incapacitated or unable to care for their children.
Likewise, guardianships don’t only extend to children. Often, courts also consider non-parents for adult guardianships. However, the more appropriate term for adult guardianships is conservatorships. Courts typically administer adult guardianships when an individual has a mental or physical problem that renders them incapable of taking care of themselves. In addition, if an individual poses significant harm to themselves or others, courts might decide they aren’t fit to care for themselves, leaving them in the conservatorship of a loved one.

Wisconsin Law

The Wisconsin Law strongly prioritizes nuclear family structures, giving great deference to parents’ rights and interests. However, in some instances, parents aren’t fit to take care of their children. In such cases, the Wisconsin law enables guardians to tend to the best interests of the children involved. There are typically two types of guardianships for children in Wisconsin. They include temporary guardianships and permanent guardianships.
Most temporary guardianships last approximately 60 days. However, the Wisconsin law permits an additional extension of 60 days. Likewise, the law considers anything longer than that to be permanent guardianship.
Attaining guardianship for a child if their parents have passed is straightforward. However, if a child still has a living parent, things become more complicated. Under Wisconsin law, the parent must consent to guardianship. Otherwise, the courts can’t approve it. Otherwise, the courts will approve guardianship if the living parent is determined unfit to care for their child. Usually, this means that the court needs sufficient proof to see the living parent is deficient in their duties. If the court receives the necessary proof, it’ll terminate the parental rights of that person.
Hence, legal experts in Milwaukee, Wisconsin, usually recommend seeking parental approval before trying for guardianship. Otherwise, the process can become complex.

Seek the Help of a Professional and Experienced Attorney

However, if you’re unable to get parental approval from a parent, you’ll need the services of a qualified and experienced attorney to help you navigate the process.
Attorney Ronnie Vargas is a qualified lawyer with over 25 years of experience. He began practicing law in 1996. Since then, Ronnie Vargas has helped thousands of men and women with family law matters. In addition, he understands the nuances of guardianship and conservatorship laws. His comprehensive understanding of the law makes him the ideal legal counsel for Wisconsin citizens seeking guardianship for a child or conservatorship for an adult.
Get in touch with the Vargas Law Office today to get the process started with the help of an experienced family lawyer like Attorney Ronnie Vargas.