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Wisconsin Statement of Guardian ad Litem (Chapters 48 and 938)

State:
Wisconsin
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WI-SKU-1314
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Statement of Guardian ad Litem (Chapters 48 and 938)

The Wisconsin Statement of Guardian ad Item (Chapters 48 and 938) is a legal document issued by the state of Wisconsin. It is used to appoint a Guardian ad Item (GAL) for a minor child or a protected adult. The GAL is an independent party, typically an attorney, who is appointed by the court to represent the best interests of the child or protected adult in legal proceedings. The Wisconsin Statement of Guardian ad Item outlines the duties and powers of the GAL, the scope of the GAL’s representation, and the compensation for the GAL. There are two types of Wisconsin Statement of Guardian ad Item: one for minor children (Chapter 48) and one for protected adults (Chapter 938). The Statement for minor children outlines the role of the GAL, including the GAL’s duty to investigate the best interests of the child and to advocate for the child in family court proceedings. The Statement for protected adults outlines the role of the GAL, including the GAL’s duty to investigate the best interests of the protected adult and to advocate for the protected adult in guardianship proceedings.

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FAQ

The guardian ad litem shall be compensated at a rate that the court determines is reasonable. The court shall order either or both parties to pay all or any part of the compensation of the guardian ad litem.

A guardian ad litem (GAL) ?is appointed by the court to represent the best interests of a child in a legal proceeding.? §39.820, Florida Statutes. The Florida Rules of Juvenile Procedure grant specific authority to appoint a GAL in dependency cases (Fla. R. Juv.

In Wisconsin, a guardian ad litem is a regular part of the custody and placement process when parties cannot agree. The court will appoint one if they have specific concerns for the well-being of the child. A GAL can also be appointed if one party files the necessary paperwork and the court approves it.

A GAL is an attorney, licensed to practice law in Wisconsin. The GAL's role is to represent the best interests of the children as determined by the GAL through an investigation. The GAL will investigate the facts, participate in negotiations, and take a position in court on legal custody and placement.

Wisconsin Statutes section 757.48(1) requires the GAL to have completed three hours of approved CLE that relates to the functions and duties of a GAL under Wis. Stat. chapter 767 and that includes training on the dynamics of domestic violence and the effects of domestic violence on victims and children.

The guardian ad litem shall be compensated at a rate that the court determines is reasonable. The court shall order either or both parties to pay all or any part of the compensation of the guardian ad litem.

The court can appoint a GAL any time in the proceeding when the best interests of the children are at issue. The exception is in a modification proceeding if the proposed modification would not substantially alter the placement times.

In Wisconsin, the judge decides who pays for the 'guardian ad litem'. Total costs for the GAL's services can range from $1,000 to $3,000 and can include the cost of any experts hired, tests ordered and legal fees for the GAL's time.

More info

A Temporary Physical Custody Request form (JC-1608) must be completed. CHAPTER 938: The Juvenile Justice Code.NOTE: The Court is require to appoint a Guardian ad Litem (GAL) in all Ch. 48 cases to represent the best interests of the minor. Affidavit of Service (Chapter 48 and 938) - Form No.: JD-1825. (8), a guardian ad litem appointed under ch. 48.235 Guardian ad litem. 48. 236 Court-appointed special advocate. The guardian ad litem shall be an attorney admitted to practice in this state. ➢ A Guardian ad Litem (GAL) will be appointed for the minor in a full guardianship proceeding. The Court will determine who shall pay the GAL's fees.

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Wisconsin Statement of Guardian ad Litem (Chapters 48 and 938)