Guardianship in Milwaukee is an entitlement that is awarded to a non-biological parent or individual in the event that the biological parent dies. However, in some cases, guardianship is awarded to a family member or otherwise stable individual when it is proven to a judge that the biological parent is unfit. In these instances, you will require an attorney to present the facts to a judge to grant guardianship based on evidence that renders the biological parent unfit.
Acquiring Guardianship in Milwaukee
When the process of administer or probating a will is performed, the stipulations listed within the document become legally binding. For instance, an individual who is appointed guardianship secures that right at the time that the terms of the will are enacted. The new legal guardian takes possession of the child immediately. All trusts and accounts that are awarded to the minor child are transferred to this new guardian based upon the requirements of the will.
When the Parent is Unfit
Through a court of law, you have the legal right to file a claim for temporary custody or guardianship of a minor child who is a victim of abuse or neglect. You must, however, present evidence before the judge to back up your claim. In most cases, the child’s testimony of the abuse or neglect is sufficient to enable you to acquire temporary guardianship.
A custody hearing is scheduled. A child advocate is assigned in the case to represent the child’s rights and wishes. The judge will review the nature of these accusations, and in most cases law enforcement or social services will launch an investigation. The findings of the investigation determine whether there is sufficient evidence of abuse. Guardianship is awarded after the biological parent is proven unfit in a court of law.
Summary
You may acquire Guardianship in Milwaukee through a multitude of probabilities. First, you are appointed guardianship of minor children through stipulations included in a will. Second, you may obtain legal guardianship over a child by filing a petition in court due to neglect or abuse of the child by his or her biological parent.
And lastly, you are awarded guardianship during a pending adoption in which you wish to become the legal parent of a child whose parent has become incapacitated or no longer holds any parent claim over the child. If you require these services, you should consult a probate or family law attorney immediately.
