In order to get custody of your sibling in Wisconsin, it is important to understand the child custody laws in Wisconsin. Child custody refers to the set of laws that grant certain legal rights to a biological or adoptive parent in Wisconsin.
Importantly, child custody laws in Wisconsin automatically grant child custody rights of a child to their biological mother upon the birth of the child. These legal rights are also automatically granted to a child’s father if the mother and father are married at the time of the child’s birth.
Child custody may also be obtained by a parent upon receiving custody of a child in a divorce or legal separation. For example, if two parents were married, but later divorce, child custody laws will be used to determine the custody rights of each parent.
In the case of unmarried parents, a father may register with the Wisconsin Paternal Interest Registry by filling out a “Declaration of Paternal Interest” form (form No. CFS-19A). After that, the parents will likely undergo a custody lawsuit in order to determine their custody rights over their child or children.
It is important to note that a parent who has legal custody over their child in Wisconsin will have certain legal rights to make decisions on behalf of that child. Examples of legal rights a parent with custody has include, but are not limited to:
- The right to make educational decisions for the child
- The right to make religious decisions regarding what religion to raise the child in
- The right to make legal decisions on behalf of the child, such as whether or not to enter into certain legal contracts on behalf of their child or the right to represent their child in a lawsuit
- The right to make invasive or noninvasive medical decisions for the child
- The right to consent to the marriage of the child if they are underage
- The right to make decisions regarding the psychiatric treatment of the child
- The right to choose whom the child associates with
Finally, if you want to obtain custody of your sibling in Wisconsin, non-parents that are interested in obtaining custody must actually go through the guardianship process. This means that you will need to download, fill out, and file a Petition for Appointment of Full/Limited/Temporary Guardian (Form JN-1501) for guardianship of a minor. Importantly, a non-parent cannot obtain custody over a minor child, but they can seek guardianship.
What Is the Process for Obtaining Custody of a Sibling?
In Wisconsin, a family court will consider certain factors when awarding custody of a child. Once again, for siblings specifically, Wisconsin law does not allow for a sibling to obtain custody. Instead, they must seek to obtain guardianship over their minor sibling.
However, the considerations for custody are almost identical to the considerations for guardianship of a minor. As such, the process for obtaining guardianship of a sibling will almost mirror the process for a parent to obtain custody.
In Wisconsin, there are 4 different types of guardianship that a court will consider when it comes to a sibling obtaining custody of a younger sibling. The types of guardianship include:
- Emergency Guardianship: This type of guardianship is reserved for immediate needs of a child, such as a result of an accident that incapacitates the child’s parents or current guardian
- Temporary Guardianship: This type of guardianship is for issues with a specific endpoint, such as the child’s parents being temporarily incapacitated or imprisoned for a short term, etc.
- Full Guardianship: In this type of guardianship, the sibling will seek a long-term arrangement where there is evidence to demonstrate that appointing the sibling as guardian is in the best interests of the child and the parents are unfit to execute their parental duties
- Limited Guardianship: In a limited guardianship, the sibling will seek to be named legal guardian, but the parents will still be allowed to have contact with their children and assist them in making decisions
If the parents or their current guardians do not agree to an older sibling’s petition for guardianship, then the older sibling must prove that the parents are unfit or incapable of caring for their sibling.
Examples of unfit parenting include abuse, neglect, or abandonment. In contested guardianship cases, the older sibling will likely attend court hearings, during which a judge will review their petition and any evidence they provide.
It is crucial to note that when the court is making a decision as to whether or not to grant a guardianship to a minor, the court will always utilize the child’s best interest standard. The child’s best interest standard is a legal standard that all family courts adhere to when making decisions regarding children.
Under the child’s best interest standard, any decisions that will affect a child, such as a minor guardianship, should ultimately benefit and protect the child. As such, in order to get custody of a sibling, the older sibling will need to operate as an attorney would. This means they will need to follow the proper procedures of filing for guardianship of their minor sibling.
How Old Do You Have to Be to Take Custody of a Sibling in Wisconsin?
In order to obtain legal guardianship of a sibling in Wisconsin, the older sibling seeking custody must be at least 18 years of age or older. Further, the sibling that the older sibling is seeking to gain guardianship over must be under 18 years of age or otherwise legally dependent.
Can a Sibling Be a Legal Guardian?
Yes, as mentioned above, a sibling may seek to be appointed legal guardian of their younger sibling. However, when it comes to being named legal guardian of a younger sibling, a family law court will typically only award an older sibling legal guardianship in certain circumstances.
One such circumstance is if there are no parents alive or if there is evidence of child abuse. In these cases, the older sibling may be considered for legal guardianship over their minor sibling. There are also other situations where a sibling may be appointed legal guardian, such as the parents consenting to their guardianship application.
What Else Should Be Considered?
It is important to consider that there are costs involved with obtaining legal guardianship of a sibling. When it comes to estimating the overall cost of a guardianship case, the following will affect the cost:
- Whether or not the guardianship is contested. If a guardianship is contested, the dispute will likely be more complicated and include taking depositions, filing temporary motions, and excessive court hearings.
- Costs may also include the hiring of expert witnesses, such as child psychologists and other experts
- When it comes to guardianship cases, it is often advised to seek representation from a local attorney in Wisconsin.
- An attorney fees will then vary based on the amount of time the attorney spends on the guardianship case
- There are also miscellaneous fees that add up quickly in guardianship cases, including paying process servers, paying court costs, undergoing a background check, taking a guardianship course, and paying for certified copies of documents
Additionally, unlike custody orders, guardianship orders must be annually renewed. This means that once a year, the older sibling will need to file an annual report with the court that handled their case. These renewals must be filed in a timely manner.
Do I Need an Attorney for Sibling Custody Issues?
As can be seen, there are numerous factors that will be considered by a court when determining whether or not a sibling should be granted guardianship over their minor sibling. As such, if you are seeking to be named the legal guardian of a sibling, it is in your best interests to consult with an experienced Wisconsin child custody lawyer.
LegalMatch can assist you in setting up an initial legal consultation with a custody lawyer in your area. An experienced child custody attorney will be able to help you understand Wisconsin’s specific laws on a sibling obtaining guardianship over your minor sibling.
Additionally, an attorney will also be able to help you gather the evidence necessary to prove that appointing you as your sibling’s legal guardian is in their best interests. An attorney will also be able to help guide you through the process of filing the petition for guardianship and doing all of the necessary background checks and guardianship courses. Finally, an attorney will also be able to represent you in court, as needed.
