A Guide to Filing for Guardianship in Waukesha

by | Nov 21, 2013 | Lawyers and Law Firms

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There are circumstances that arise during the course of life, that may place a child in need in our care. Making sure that the needs of the child and the legal responsibilities to that child are met in the best way possible is essential. Filing for Guardianship in Waukesha, can help change a child’s environment to the positive, but finding the legal way to go about this can be a long process.

Finding the best firm such as; Sanger and Sanger, to represent the party in a guardianship case is essential. There are many procedures that need to be followed, and should guardianship be sought against an opposing party, the right attorney will ensure that the filing parties rights, as well as the rights of the child in question, will be met properly.

While Filing for Guardianship in Waukesha does not require a party to obtain legal counsel, it is recommended. The first step in filing for guardianship is to submit the proper forms and litigation to the courts; petition for permanent or temporary guardianship of a minor, uniform child custody jurisdiction and enforcement act affidavit, and a statement of acts by the proposed guardian and consent to serve as guardian. Once the paperwork has be completed the prospective guardian’s attorney will then call the Juvenile Courts for an appointment. Most law firms keep a notary public on staff, as one will be needed to witness the signing of the above mentioned forms and litigation.

The case is not ready to be sent to the courts, where a clerk will assign a hearing date. In addition, guardian ad litem, an attorney appointed by the courts to represent the rights of the child, and to ensure that the outcome of the case is what is in the best interests of the child. Prior the date of the hearing the attorney for the filing party will serve any other person that may be privy to the case; i.e. natural parents or the child’s current guardian, with the petition for guardianship as well as any other documents submitted to the courts. The guardianship case will be heard in front of a Juvenile Courts Judge, and as long as all parties are present and served the case will proceed.

The case outcome is always based on the what is best for the child. Keeping that in mind, having the right attorney is essential to the desired outcome.

Filing for Guardianship