More Than Family Law Attorneys, We’re Lawyers For Your Family

Helping Individuals And Families Seeking Juvenile Guardianship

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 seek temporary or permanent child 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.

When determining whether to grant juvenile guardianship to a relative, the court will review:

  • That the child 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 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 turns 18
  • 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 turns 18
  • 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

As a law firm that handles only family legal matters, we have the knowledge and experience to help you seek a guardianship over the child you care about.

What Is Wisconsin Statute 48.9795?

In 2020, Gov. Evers signed a new act into law to improve the system for guardianships for minors in Wisconsin. Wis. Stat. 48.9795 expands the types of guardianships for juveniles to include:

  1. Temporary guardianship: These last up to 180 days and the court can extend them for 180 more as necessary if the child’s situation necessitates it.
  2. Limited guardianship: If a parent needs assistance in caring for a child, a limited guardianship allows someone to handle certain rights and duties.
  3. Emergency guardianship: In situations that require an immediate guardian, the court can grant emergency guardianship for up to 60 days.
  4. Full guardianship: If the parents can no longer care for a child, the court can issue a full guardianship until the minor turns 18. This form of guardianship is the closest to legal adoption.

We can help you determine which type of guardianship is right for you and the juveniles in question.

Discuss Guardianship With An Attorney

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.