Waukesha County

Contact Juvenile Court 


Phone : 262-548-7449
Address: 
Waukesha County Juvenile Center 
Room: JC-103 521 Riverview Ave.
Waukesha WI, 53188
Mailing Address: 
Waukesha County Juvenile Center
Room JC-103
PO Box 1627
Waukesha, WI 53187-1627
Office Hours: Monday - Friday 8:00 a.m. to 4:30 p.m.

Guardianship FAQs

FREQUENTLY ASKED QUESTIONS

Q:
Do I need to be a relative to request guardianship of a child?

No 

Q: 
Does anyone represent the interest of the child?

The court is required to appoint an attorney to represent the child's best interest. This attorney is called a Guardian ad litem or GAL.

Q: 
How do I start the Guardianship process?

You must file a Petition for Guardianship of Minor with the juvenile court. There is a free packet available at the Juvenile Court office that includes a procedural checklist and all required state forms. 

Q:
I have guardianship of a child who has now returned to live with his parents. What do I need to do to terminate that guardianship?

You must file a Motion to Reopen with the court asking to have the guardianship terminated. Once the court provides you with a hearing date, you must serve the motion on all parties involved in the original guardianship case. See ss. 880.08 and ss. 879.05 Wisconsin Statutes for notice (service) requirements.

Q: 
I have guardianship of a child who has now turned 18. Do I need to file paperwork with the court to determine this guardianship?

No. Guardianships automatically expire when a child reaches the age of 18 without further court involvement.

Q: 
I live in a different county than the minor child for whom I am seeking guardianship. In what county and court do I file the guardianship?

Guardianships of a minor child are filed in the county where the CHILD physically resides. In Waukesha County, guardianships of a minor child's PERSON are filed in the Juvenile Court and guardianships of a minor child's ESTATE are filed in the Probate Court.

Q: 
Is a Guardianship permanent or temporary?

Either is an option. A temporary guardianship lasts 60 days with the possibility of a court-ordered 60 day extension.

Q: 
What does it mean to have guardianship of a minor child?

Guardianship generally means the duty and authority to make important decisions in matters having a permanent effect on the life and development of a child and the duty to be concerned about the child's general welfare, including but not limited to:

* Authority to consent to marriage
* Enlistment in the U.S. armed forces
* Major medical
* Psychiatric and surgical treatment
* Ability to obtain a driver's license
* Authority to represent the child in legal actions and make other decisions of substantial legal significance concerning the child, but not the authority to deny the child the assistance of counsel.
* Right and duty of reasonable visitation
* Rights and responsibilities of legal custody except when legal custody has been given to another person or when the child is under the supervision of another entity.

The court may assign all or a combination of the above rights to a guardian.