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Wisconsin Motion for Stay of Proceeding on Request to Transfer Guardianship to WI

Category:
Statewide - Circuit Court - Guardianship
State:
Wisconsin
Control #:
WI-SKU-1716
Format:
PDF
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Description

Motion for Stay of Proceeding on Request to Transfer Guardianship to WI

A Wisconsin Motion for Stay of Proceeding on Request to Transfer Guardianship to WI is a legal document filed in Wisconsin state court to stay a guardianship transfer proceeding. The motion, which must be accompanied by a supporting affidavit, is used when the person or persons requesting guardianship transfer to Wisconsin have received notice of a hearing in another state. The motion requests that the Wisconsin court stay the proceeding until the out-of-state hearing is completed. There are two types of Wisconsin Motion for Stay of Proceeding on Request to Transfer Guardianship to WI: (1) Petition to Stay Proceedings; and (2) Motion to Stay Proceedings. The Petition to Stay Proceedings is used when a guardianship transfer is requested by a petitioner, while the Motion to Stay Proceedings is used when a guardianship transfer is requested by a respondent. In either case, the motion must be accompanied by a supporting affidavit that provides evidence of the out-of-state hearing.

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FAQ

(1) Upon registration of a guardianship order from another state, the guardian of the person or guardian of the estate may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the

Stat. section 48.023. Full guardianship is in place until the child turns 18. Under the new law, a parent retains the rights and duties that are not assigned to the guardian, and the guardian acting on behalf of a child can exercise only those powers that the guardian is specifically authorized to exercise.

Under a subsidized guardianship, the guardian receives a monthly payment to offset the costs of caring for the child. The monthly payment amount is based on the Foster Care Rate Setting Policy and cannot exceed the amount of the child's foster care rate received before guardianship was established.

If you want to change or end a guardianship, you will have to file a petition with the court where the guardianship was started. You must be the person who has the guardian, a family member, or some other interested person. This means the guardianship has to affect you in some way.

If the ward dies and the guardian and the deceased ward's personal representative or special administrator are the same person, the deceased ward's personal representative or special administrator shall give notice of the termination and rendering of the final account to all interested persons of the ward's estate.

You Can File for Termination of a Guardianship in Wisconsin Or perhaps, you have been appointed as the guardian of a child and you can no longer financially care for the child. You will need to petition the court to terminate the guardianship.

Types of Minor Guardianships(Wis. Guardianship transfers the decision-making authority and legal responsibility of the child to the guardian; however, parents' rights are not terminated. Parents may still make decisions regarding any rights not given to the guardian.

A substantial change in circumstances may arise when a child custody order is modified and the parent paying support becomes the custodial parent, when a medical issue arises, when a parent has a significant change in income such as a job loss, or when a parent is put in jail.

More info

This document must be filed showing that all interested parties received a copy of the Order on Motion for Stay of Proceeding on Request to Transfer. 53.31(1)(1) A guardian of the person or guardian of the estate appointed in this state may petition the court to transfer the guardianship to another state.Sec. 1253.001. APPLICATION TO TRANSFER GUARDIANSHIP TO FOREIGN JURISDICTION. After filing the petition, if requesting a temporary, limited, or full guardianship the initial hearing must be within 45 days of filing. EXHIBIT 13B—Affidavit Disclosing Care or Custody Proceeding. Petition to transfer ward's assets to another. 54.22. There is a place on both forms to ask the court to find and pay for an attorney if you cannot afford to do so. Keep a copy of the Petition.

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Wisconsin Motion for Stay of Proceeding on Request to Transfer Guardianship to WI
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