Temporary Guardianship Wisconsin: How It Works and How to File

What Temporary Guardianship Covers in Wisconsin

Temporary guardianship under Wis. Stat. § 48.9795 gives a relative or other caregiver court-ordered authority over a child for a defined period. It is designed for situations where a parent cannot care for the child right now but the separation is expected to be short-term — a parent entering inpatient treatment, recovering from surgery, or serving a short jail sentence.

The order lasts up to 180 days. You can request one extension for another 180 days (360 days total), after which the order expires. If the situation has not resolved by then, you would need to file for a full or limited guardianship.

Temporary vs. Emergency Guardianship

These two orders serve different situations:

If the crisis is urgent — the child needs emergency medical treatment and no parent is reachable, or a parent has been arrested and there is no one else — file for emergency guardianship using Form JN-1504. For everything else where you have time to go through the standard process, temporary guardianship is the right track.

How to File for Temporary Guardianship

The filing process follows the same general path as a full guardianship petition, with a few differences in scope and duration.

Step 1: Gather your forms. You need Form JN-1501 (Petition for Appointment of Guardian — check the "Temporary" box), Form GF-150 (UCCJEA Declaration), and Form JN-1514 (Statement by Proposed Guardian). All are available free at wicourts.gov.

Step 2: Complete the petition. Form JN-1501 asks for the child's information, the parents' information, why you are seeking temporary guardianship, and the specific temporary circumstances (the parent's medical condition, treatment program, or incarceration). You do not need to prove the parent is permanently unfit — only that they are temporarily unable to provide care.

Step 3: File with the circuit court. 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, and the court must stay the temporary guardianship proceeding until the pending matter is resolved. The filing goes to the Register in Probate or the juvenile/children's division, depending on your county. There is no fee to file a minor guardianship petition; electronically filed cases have a $35 fee per party. If you qualify, file Form CV-410A to request a fee waiver.

Step 4: Serve notice. All interested parties — both parents, the child if age 12 or older, and any existing guardian — must receive notice at least 7 days before the hearing. If the child is an Indian child, separate ICWA notice to the child, parents, Indian custodian, and tribe is due 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. Proof of registered mail is required for ICWA notice. Other service can be personal delivery, certified mail, or written admission of service.

Step 5: Submit Form JN-1514. Your Statement by Proposed Guardian must be filed at least 96 hours before the initial hearing. This form covers your background, criminal history disclosures, and your fitness to serve as guardian.

Step 6: Attend the hearing. The court appoints a guardian ad litem (GAL) to investigate and report on the child's best interests. At the hearing, the judge reviews the petition, the GAL's recommendation, and any parental input before deciding.

When Parents Agree

If the parent supports the temporary guardianship — they are entering a treatment program, for example, and want you to have legal authority while they recover — they can sign Form JN-1510 (Nomination of Guardian) to show their support. This does not guarantee approval; the court determines at the hearing whether any party contests the petition.

Even with parental consent, the court still appoints a GAL and confirms that the arrangement serves the child's best interests.

Extending a Temporary Order

If 180 days is not enough, file Form JN-1540 (Request to Modify, Extend Limited/Temporary, Reconsider/Modify Emergency, Terminate Guardianship) before the order expires. The court can grant one additional 180-day extension. After 360 total days, you must either let the order lapse or file a new petition for full or limited guardianship.

Converting to Full Guardianship

Many temporary guardianships turn into full ones. If the parent's situation has not improved — they remain in long-term treatment, are still incarcerated, or have disengaged — you can file a new petition for full guardianship under § 48.9795. The evidence from your temporary guardianship (your track record of care, the GAL's prior report) supports the new petition.

Our Wisconsin Guardianship and Custody Court Process Guide covers all four types of guardianship — full, limited, temporary, and emergency — with the forms, fees, and step-by-step filing instructions for each.

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