Juvenile Guardianship

From offices in Milwaukee, Brazil & Benske, LLC, attorneys offer services to assist people who are seeking juvenile guardianship of a minor in southeastern Wisconsin.

Sometimes, there is no parent available to take custodial care of a child's welfare. This can be the case because of death, abandonment, or temporary or long-term incarceration while a parent completes a prison sentence or residential chemical dependency treatment.

In such cases, a grandparent or other extended family member may see temporary or permanent child guardianship. While determining whether to grant juvenile guardianship to a relative, the court will review:

  • That the child is in need of protection or services and has been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders for a cumulative total period of one year or longer
  • That the person nominated as the juvenile guardian of the child is a relative of the child with whom the child has been placed and that it is likely that the child will continue to be placed with that relative for an extended period of time or until the child attains the age of 18 years.
  • That, if appointed, it is likely that the relative would be willing and able to serve as the child's guardian for an extended period of time or until the child attains the age of 18 years.
  • That it is not in the best interests of the child that a petition to terminate parental rights be filed with respect to the child.
  • That the child's parent is neglecting, refusing or unable to carry out the duties of a juvenile guardian or, if the child has two parents, both parents are neglecting, refusing or unable to carry out the duties of a juvenile guardian.
  • That the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to make it possible for the child to return to his or her home.

Children's Court And Children In Need Of Protection Services (CHIPS) Hearings

In Wisconsin divorce and custody cases involving a child whose welfare and safety is in question may include a two-part legal proceeding in Children's Court, intended to protect parental rights when Children in Need of Protection Services (CHIPS) is considering removing the child from parental custody. The second part of the proceeding is for the function of determining the child's needs. A parent or guardian has the right to seek legal counsel and petition the court for a jury to decide whether there are statutory grounds for a CHIPS order to remove the child from the home. Brazil & Benske, LLC, in Wisconsin, have extensive experience representing parents facing possible loss of parental rights. Call us to arrange an opportunity to meet with one of our attorneys right away.

If you believe you should be nominated as the juvenile guardian of a minor-aged child in your extended family in southeastern Wisconsin, call Brazil & Benske, LLC, at 414-939-0468 or use our email contact form to request a return phone call from a lawyer.