How to File for Guardianship of a Minor in Wisconsin

Who Can File

Under Wis. Stat. § 48.9795, any person, including a child age 12 or older, can petition for guardianship of a minor in Wisconsin. If a CHIPS, JIPS, or delinquency matter is pending, only a party to that matter or a person approved by the court may file, and the petition must be consistent with the child's permanency plan and not seek to change an existing order. Grandparents, aunts, uncles, adult siblings, family friends, and non-relatives may otherwise petition.

Venue is generally in the county where the child resides or is physically present, or, if the child is a nonresident, the county where you propose the child reside. If a related CHIPS, JIPS, or delinquency matter is pending, the petition must be heard by the court handling that matter. Depending on your county, intake may be through juvenile/children's court or the Register in Probate.

Step-by-Step Filing Process

Step 1: Get the Right Forms

Download these free forms from wicourts.gov:

• JN-1501 — Petition for Appointment of Guardian (Full, Limited, or Temporary)
• GF-150 — UCCJEA Declaration (required interstate jurisdiction form)
• JN-1514 — Statement by Proposed Guardian
• CV-410A — Petition for Waiver of Fees and Costs (if you need a fee waiver)

If the parent is willing to support the guardianship, also download JN-1510 (Nomination of Guardian by Parent or Child).

Step 2: Fill Out the Petition (JN-1501)

The petition asks for:

• The child's full name, date of birth, and current address
• Both parents' names, addresses, and contact information (or what you know)
• The type of guardianship you are requesting (full, limited, or temporary)
• The factual reasons guardianship is needed
• Whether any other court proceedings involving the child exist in any state

For a full guardianship, you will need to show that the parents are unfit, unwilling, or unable to care for the child — or that compelling circumstances exist. For temporary guardianship, you only need to show a short-term inability.

Step 3: Complete the UCCJEA Declaration (GF-150)

This form establishes that Wisconsin has jurisdiction over the child. It asks where the child has lived for the past five years and whether any custody or guardianship cases have been filed in other states. Every guardianship petition must include this form.

Step 4: File With the Court

File your completed forms with the circuit court office that handles minor guardianships in your county, such as juvenile/children's court or the Register in Probate. Attorneys must e-file through wicourts.gov; pro se (self-represented) filers can submit paper copies directly.

Filing fee: There is no fee to file a minor guardianship petition. Electronically filed cases have a $35 fee per party. If your income is limited — especially if you receive BadgerCare Plus, FoodShare, or SSI — file Form CV-410A to request a fee waiver at the same time you file your petition.

Step 5: Serve Notice on All Interested Parties

After filing, you must serve the petition and notice of hearing on:

• Both parents (biological and legal)
• The child, if age 12 or older
• Any existing guardian or legal custodian
• The appointed guardian ad litem

Serve the petition and hearing notice at least 7 days before the hearing. If the child is an Indian child, provide the separate ICWA notice to the child, parents, Indian custodian, and tribe at least 10 days before the hearing; if a parent's, custodian's, or tribe's identity or location cannot be determined, notice to the U.S. Secretary of the Interior is due at least 15 days before the hearing. Proof of registered mail is required for ICWA notice. For other service, use personal delivery (through a sheriff or process server), certified mail, or written admission of service. File proof of service (Form JD-1825) with the court before the hearing.

Step 6: Submit Form JN-1514

Your Statement by Proposed Guardian must be filed at least 96 hours before the initial hearing — not 96 business hours, 96 calendar hours. This form asks about criminal charges or convictions, whether you have been determined under § 48.981(3)(c) to have abused or neglected a child, and your income, assets, debts, and living expenses. Missing this deadline can delay your case.

Step 7: Attend the Hearing

In a standard case without a pending juvenile matter, the initial hearing must be held within 45 days of filing. If a CHIPS, JIPS, or delinquency matter is pending, the guardianship petition is stayed until that matter is resolved. The court-appointed guardian ad litem presents their investigation report and recommendation. If the parents do not contest:

• The judge reviews the petition, the GAL report, and your JN-1514 statement
• If everything checks out, the court grants the guardianship and issues Letters of Guardianship (Form JN-1530)

If a parent objects, the case moves to a contested fact-finding hearing within 30 more days. At that hearing, you must prove your case by clear and convincing evidence.

After the Order

Once you receive your Letters of Guardianship (JN-1530), get several certified copies from the clerk. You will need them for:

• School enrollment
• Medical consent and insurance
• Benefit applications (Kinship Care, BadgerCare Plus, FoodShare)
• Banking and legal matters

The court may also order the parents to pay child support, which the county child support agency enforces.

Common Filing Mistakes

Filing in the wrong division. In Milwaukee, minor guardianships go through Children's Court, not the general civil clerk. In smaller counties, the Register in Probate handles intake. Call ahead if you are unsure.

Missing the 96-hour rule. Form JN-1514 must be filed 96 hours before your hearing. Mark this deadline on your calendar the day you get your hearing date.

Incomplete UCCJEA form. If you leave sections of GF-150 blank, the court may delay your case until jurisdiction is established. List every address the child has lived at for the past five years, even if some were out of state.

Our Wisconsin Guardianship and Custody Court Process Guide includes a filing packet checklist, a service tracking log, and a 96-hour deadline calculator to keep your case on track from petition to order.

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