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Voluntary legal guardianship

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#1 kelr09


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Posted 13 January 2013 - 04:12 PM

I live in WI and have been temporary legal guardian of my healthy 16 year old sister. We have different fathers and her dad lives in Il and has agreed to let my husband and myself have legal guardianship of her. She has lived with us for almost 4 years. Do we still need to go through the courts with a guardian ad litem or since it is voluntary can the paperwork just be filled out and notarized? It seems crazy that we would have to pay $500 when she has been living here all this time for someone to tell us yes its a good enviroment. Thanks for your help in advance!!

#2 Ted_from_Texas


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Posted 14 January 2013 - 04:10 AM

A legal guardianship can only be awarded by a court of competent jurisdiction, so if you want to be your sister's legal guardian you'll have to go to court. Whether a guardian ad litem will be required depends on relevant Wisconsin laws and the judge.

On the other hand, a guardianship is not technically required for you to care for your sister with her father's consent, unless you need it for such matters as school enrollment and health care. Since she's already been with you for four years, that seems not to be an issue. A local family law attorney can help you sort out the advantages and disadvantages of guardianship under your particular circumstances.

For what it's worth, $500 seems like a relatively small amount to pay considering the cost of maintaning a healthy teenager for two years or more. I'm just sayin'.

#3 pg1067


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Posted 14 January 2013 - 07:46 AM

I agree with the prior response and would only add that your post is silent with respect to your and your half-sister's mother. What is her take on all this? Her consent will also have to be obtained or she will be entitled to notice and an opportunity to object.

#4 Guest_FindLaw_Amir_*

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Posted 14 January 2013 - 11:05 AM

To learn more about this subject matter, you may wish to visit the Family Law Center: Guardianship and read How to Establish Guardianship of Child FAQs as a good resource. For further clarification on your specific situation, you may consult with a local Wisconsin Family Law Lawyer. Many lawyers do offer a free consultation.

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