2. Can grandparents obtain guardianship of a child in Wisconsin?
Yes. A grandparent may petition to become a child's guardian, but being a grandparent does not create an automatic right to guardianship. The court must find the statutory requirements satisfied and determine that the proposed guardianship is in the child's best interests.
Wisconsin recognizes four types of private minor guardianship under Wis. Stat. sec. 48.9795:
· Full guardianship. This generally transfers broad parental duties and decision-making authority to the guardian and normally continues until the child turns 18 unless it is terminated earlier.
· Limited guardianship. This transfers only the powers identified in the court order and lasts for the period specified by the court.
· Temporary guardianship. This may last up to 180 days and may be extended once for an additional 180 days for good cause.
· Emergency guardianship. This may be ordered for up to 60 days when the child's welfare requires immediate action.
For a full guardianship, the petition must establish that the parents are unfit, unwilling, or unable to provide the child's care, custody, and control, or that other compelling facts and circumstances make full guardianship necessary. A limited guardianship may be appropriate when the parents need assistance with specified responsibilities. A temporary guardianship may be appropriate when a parent is unable to provide care for a temporary period. The proposed guardian must also be fit, willing, and able to serve.
The petitioner generally must prove the required allegations by clear and convincing evidence, and the court must independently determine that the appointment is in the child's best interests. The proceeding requires notice to the parents and other interested persons, and the court appoints a guardian ad litem to represent the child's best interests.
Guardianship is different from grandparent visitation. It transfers some or all parental authority, depending on the order. It does not, by itself, terminate the parents' parental rights; parents retain the rights and duties that have not been transferred or otherwise limited by law or court order.
