In Wisconsin, families may initiate their rights to protect a minor who they believe is being neglected or abused. These proceedings will lead to a guardianship assignment if the motion is granted. The county must step in once a report is filed to make a determination in these cases. The following are FAQs about guardianship that a Family Lawyer in De Pere WI can answer.
When Can a Family Member Petition the Court for Guardianship?
A family member can petition the court for guardianship if they can prove that a child was abused or neglected. They can also acquire these assignments if the minor is unable to take care of themselves legally or if they lack the mental capacity to achieve these requirements.
How Can a Family Member Report Abuse or Neglect?
The first step is to report the circumstances to child protective services. The family member must also contact local law enforcement to provide evidence and notify the officers that they are able to provide housing for the child. The county will assign a caseworker for the case. The caseworker will assess the child and conduct a home study. The findings determine if the claim is valid and additional action is necessary.
Can Families Acquire Emergency Temporary Custody or Guardianship?
Families can petition the court for emergency temporary custody when the child is at a greater risk. These motions are managed through a local judge’s office. The family member must have physical custody of the child when approaching the judge.
Is There An Additional Hearing?
Yes, if temporary custody or guardianship is granted, the court will schedule a hearing in one year. The biological parent is summoned to the meeting and must provide evidence of safe living conditions. The judge will make a final decision after they have heard both sides.
In Wisconsin, families can step up to protect a minor who is at risk. These family members must provide evidence of abuse or neglect when filing a motion. If they don’t have physical possession of the child, a caseworker is assigned to assess the child. Families who need assistance contact a Family Lawyer in De Pere WI by visiting us website for more details now.