Guardianship of a Minor
When a minor child needs a court-appointed guardian — because a parent has died, is incapacitated, or is unable to provide care — Wisconsin has a well-defined process. Rebecca handles these petitions across Racine, Kenosha, Milwaukee, and Walworth counties.
When guardianship of a minor is needed
A minor guardianship is appropriate when the child's legal parent or parents are unable to exercise parental rights — most often after the death of a sole surviving parent, a parent's serious incapacity, or in situations where the parents are unavailable and a family member is already functionally raising the child.
Guardianship is different from adoption. A guardianship does not terminate parental rights; it creates authority in a non-parent to make decisions for the child. A parent whose circumstances later improve can petition to resume custody. Adoption, by contrast, is permanent and severs the legal relationship between the child and the biological parent.
What the court looks at
The child's best interests, always. Wisconsin courts weigh the petitioner's relationship to the child, the petitioner's capacity to provide stable care, any preference expressed by a child old enough to have one, the wishes of any living legal parent, and any nomination made in a deceased parent's will.
A will nomination is not binding on the court, but it carries significant weight — especially when the nominated guardian is already involved in the child's life and the nomination is recent. Rebecca uses well-drafted will nominations to strengthen minor guardianship petitions whenever possible.
Guardian of the person vs guardian of the estate
Just like adult guardianships, Wisconsin distinguishes between guardianship of the person (where the child lives, school, medical care) and guardianship of the estate (handling money and property that belongs to the child — often from a deceased parent's life insurance or estate).
A minor guardianship of the estate is particularly important when the child inherits money before they turn 18. Without a guardian of the estate (or a properly drafted trust), the inheritance typically has to be held by the court until the child reaches majority — with the court itself supervising requests for support. A well-planned estate can eliminate the need for a guardianship of the estate by putting the inheritance into a testamentary trust instead.
Timeline and process
Rebecca typically files, serves, and moves a minor guardianship to hearing within 45 to 90 days. Notice must go to both legal parents (if living), the child (if 14 or older), and other statutorily defined interested persons. A guardian ad litem is appointed to represent the child's interests. The petitioner appears at the hearing and, if appropriate, so does the child.
The guardianship continues until the child reaches 18 unless the court terminates it earlier. Annual reporting — a statement on the child's welfare and, for a guardian of the estate, a full accounting — is required each year the guardianship remains in effect.
Frequently asked
Common questions about guardianship of a minor
- Our daughter's parents have both died — how fast can we be appointed?
- An emergency or temporary guardianship can be in place within days when a child is left without a living parent and the petitioner is an immediate caretaker. A standard (permanent) minor guardianship takes 45 to 90 days depending on the county. Rebecca files both when speed is critical — the temporary order covers the gap while the standard petition proceeds.
- Do both parents have to consent?
- If both parents are living and have legal rights, yes — their consent or their inability to consent (incapacity, unavailability, termination of rights) needs to be addressed in the petition. If one parent is deceased and the surviving parent does not consent, the court has to weigh the objections. Rebecca walks through the dynamic at the first meeting.
- Will this make the child our legal child?
- No. Guardianship creates legal authority to act for the child but does not change the legal parentage. The child's birth certificate does not change. Inheritance from biological grandparents continues through the biological parent's line. If permanent legal parentage is the goal, adoption is the path — which is a separate proceeding under different statutes.
- What if the child is already in our care informally?
- Very common. Grandparents and aunts/uncles often begin raising a child informally and only seek formal guardianship when schools, hospitals, or government agencies require documented authority. Wisconsin courts recognize existing care relationships and often move quickly to formalize what is already working — especially when supported by the parent(s) or a will nomination.
- How much does a minor guardianship cost?
- Attorney fees depend on whether the petition is uncontested (usually flat-fee) or contested (usually hourly). Filing fees, service fees, and guardian ad litem fees add a few hundred dollars. Rebecca provides a written estimate after the first meeting and discusses fee waivers where they may be available.
Talk with Rebecca
Tell Rebecca a little about your situation. She will be in touch — usually within one business day.