Wisconsin Guardianship Hearing: What to Expect

Before the Hearing

The hearing is where the judge decides whether to grant your guardianship petition. If you have done the preparation right, the hearing itself is often the shortest part of the process. Here is what to handle before you walk in.

File Form JN-1514 at least 96 hours before the initial hearing. This is your Statement by Proposed Guardian — it 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 financial circumstances. If it is not on file 96 hours before, the judge may postpone. Calculate the deadline from your hearing date and time, not just the date.

Confirm proof of service is filed. Form JD-1825 (Declaration of Service) must show that every interested party — both parents, the child if 12 or older, and any existing guardian — was served at least 7 days before the hearing. For an Indian child, separate ICWA notice to the child, parents, Indian custodian, and tribe is due at least 10 days before the hearing; if an 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. If service is incomplete, the hearing cannot proceed.

Bring your documents. The judge and GAL may ask about details, so have with you:

• Government-issued photo ID
• The child's birth certificate
• Copies of all filed forms
• Certified death certificates or incarceration records (if applicable)
• School enrollment records, medical appointment records, or anything showing you have been actively caring for the child

Who Attends

Attendance:

• The proposed guardian must attend unless the court excuses them; for good cause, the court may permit attendance by telephone.
• The guardian ad litem (GAL) must attend the proceedings.
• Parents and other interested persons must receive notice and may attend.

Children are not required to attend. A child age 12 or older must receive notice; if the child nominates a guardian, they must provide the GAL enough information to advise the court about the nomination.

Remote appearance: Some counties allow parents or other parties to appear by Zoom or phone, but this requires advance judicial approval. Milwaukee and Dane counties have been more open to remote hearings, while smaller counties vary.

What Happens at an Uncontested Hearing

If no one objects, the hearing follows a predictable sequence:

1. The judge confirms the paperwork. The court verifies that the petition (JN-1501), UCCJEA declaration (GF-150), and proposed guardian statement (JN-1514) are all properly filed. The judge checks proof of service.

2. The GAL presents their report. The guardian ad litem summarizes their investigation — their meetings with you, the child, and the parents, and their recommendation on whether guardianship serves the child's best interests. The GAL files this as Form JN-1512.

3. The judge may ask you questions. Typical questions include how long you have been caring for the child, what the parents' situation is, whether you understand the responsibilities of guardianship, and what your plan is for the child's education and healthcare.

4. The judge rules. If everything checks out, the court grants the guardianship and issues Letters of Guardianship and a Dispositional Order (Form JN-1530). In many uncontested cases, the order is signed at the hearing and you leave with it.

The whole process may take as little as 15–30 minutes for a straightforward, uncontested case.

What Happens at a Contested Hearing

If a parent objects, the process splits into two stages:

Stage 1: Fact-finding. You must prove by clear and convincing evidence that the parents are unfit, unwilling, or unable to care for the child, or that compelling circumstances exist. This is a higher standard than "more likely than not" — the evidence must be strong enough that a reasonable person would have no serious doubt.

You present evidence: testimony about the parents' absence, substance abuse records, incarceration documentation, CPS reports, and the GAL's investigation findings. The parent has the right to present their own evidence and cross-examine witnesses.

Stage 2: Disposition. If the judge finds that grounds for guardianship exist, the court then decides who should be appointed guardian and what scope of authority to grant. The best interests of the child control this decision.

The fact-finding hearing must be held within 30 days of the initial hearing. Some contested cases are resolved at one hearing; complex cases may require multiple court dates over several months.

Practical Tips for the Day

Arrive early. Find the right courtroom, check in with the clerk, and confirm your case is on the docket.

Dress appropriately. Business casual is sufficient — you do not need a suit, but avoid casual clothing. The courtroom signals matter.

Speak to the judge, not to the parents. If the case is contested, do not argue directly with the parents in the courtroom. Direct your statements to the judge.

Answer questions honestly. Judges and GALs can tell when someone is overpreparing or deflecting. If you have been raising the child for months, the facts speak for themselves.

Do not bring up old grievances. The hearing is about the child's welfare and whether guardianship is appropriate. Personal conflicts with the parents, unless directly relevant to the child's safety, are a distraction.

Our Wisconsin Guardianship and Custody Court Process Guide includes a hearing preparation checklist and a service tracking log so every deadline is accounted for before you set foot in the courtroom.

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