If you are concerned that a child is being neglected or abused, or that the parents cannot adequately care for the child, you can file a petition for guardianship. In order for a guardianship to be granted you must demonstrate that the parents are unfit, which is a very high standard. The requirements for filing, serving, and arguing in favor of a guardianship are rather complex, and courts are reluctant to grant them. Therefore, the proposed guardian must introduce specific evidence demonstrating the parent’s unfitness, as well as evidence demonstrating why he/she would be a preferable and safe option for the child. If successful, the guardian can be granted a wide range of decision-making authority over the child’s education, medical decisions, use of money, etc. Those decisions must be specified in the guardianship order. Guardianships can last throughout the child’s minority, or can be terminated upon motion when/if the parent convinces the court that he/she is able to safely resume care.
I have been representing families in guardianship matters for almost 30 years. I would be glad to discuss your concerns with a no cost, no obligation consultation. Should you be in the need of a divorce attorney whether for divorce or post-divorce matters please contact Attorney Mark L. Krueger in the Baraboo area at (608) 356-3961, Madison area at (608) 824-9540 or Statewide at (866) 455-2993. Please feel free to email at mark@kh-law.net and check out our website at https://khtlawyers.com. Remember, at Krueger Hernandez & Thompson SC we listen, we care, we get results!
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