tag:blogger.com,1999:blog-5077774759289052226.post5886206044863906888..comments2024-03-18T14:09:39.985-05:00Comments on Bench and Bar Experiences: Minor Guardianship of the Person Under Chapter 54John DiMottohttp://www.blogger.com/profile/15521940768659333581noreply@blogger.comBlogger10125tag:blogger.com,1999:blog-5077774759289052226.post-78390963528537259872017-01-11T07:09:03.603-06:002017-01-11T07:09:03.603-06:00There is no easy answer to your question. It all d...There is no easy answer to your question. It all depends on intimate details of the original Ch. 48 proceedings,the intimate details of the Ch. 54 transfer; the powers of DHS to step in under Ch. 48; etc. You should consult with a lawyer with expertise in guardianship cases.John DiMottohttps://www.blogger.com/profile/15521940768659333581noreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-73032933167301899122017-01-11T01:33:46.693-06:002017-01-11T01:33:46.693-06:00If a minor is placed with a third party guardian u...If a minor is placed with a third party guardian under a Ch. 48 guardianship due to a protective placement chips order then 1 year later placement is modified to a ch. 54 guardianship with the same third party guardian, Does a county's DHS have a legal vested interest to be heard and involved in the parents petition for a removal of guardianship hearing of the ch. 54 placement or is the court's decision solely based on only the barstad standards and the guardian's ability to prove beyond a reasonable doubt that the parents are unfit.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-22832513936951412282014-10-16T06:37:43.468-05:002014-10-16T06:37:43.468-05:00The County would need to be notified about the Cha...The County would need to be notified about the Chapter 54 Guardianship Petition and given the opportunity to be heard since the County has a custody interest by virtue of the Chapter 48 placement.. All parties would be required to comply with the final order of the court in the Chapter 54 Guardianship action.John DiMottohttps://www.blogger.com/profile/15521940768659333581noreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-32537035636939332022014-10-15T19:58:23.398-05:002014-10-15T19:58:23.398-05:00What affect does a 54 Guradianship have on a Chapt...What affect does a 54 Guradianship have on a Chapter 48 out of home placement? Would the County be required to place the child with the 54 Guardian (if it was granted)?Joenoreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-56327763166105488992014-01-09T17:20:39.419-06:002014-01-09T17:20:39.419-06:00See my response below.See my response below.John DiMottohttps://www.blogger.com/profile/15521940768659333581noreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-88479216619192669882014-01-09T17:20:10.899-06:002014-01-09T17:20:10.899-06:00When you intersect a guardianship for the estate o...When you intersect a guardianship for the estate of a minor with the probate issue you raise, you should consult with a probate attorney who can guide you through the process. John DiMottohttps://www.blogger.com/profile/15521940768659333581noreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-41051402692693885802014-01-09T13:02:30.342-06:002014-01-09T13:02:30.342-06:00i was wondering my step daughter wants to have me ...i was wondering my step daughter wants to have me and my wife take guardianship of her newborn daughter. we don't know who the father is. i was wondering if you could point us in the right direction. my wife and i will be living out of the state of Wisconsin. in Indiana is there a petition for a mother to willingly transfer the guardianship of her child? my wife and i are not requesting any form of support from the mother or the state.Anonymoushttps://www.blogger.com/profile/02215389383326507955noreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-15302875866808321092014-01-07T15:45:00.884-06:002014-01-07T15:45:00.884-06:00Where would I go to begin the process of establish...Where would I go to begin the process of establishing Guardianship of my son's estate. His father passed away recently, and did not leave any provision for support through his insurances. Anonymoushttps://www.blogger.com/profile/16469124971918094485noreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-47712968141967044262013-12-22T07:59:47.688-06:002013-12-22T07:59:47.688-06:00One party TPR petitions are very complicated and o...One party TPR petitions are very complicated and oftentimes not granted for many reasons to numerous to set forth here. You should consult with an attorney with expertise in TPR cases to discuss your particular circumstances.John DiMottohttps://www.blogger.com/profile/15521940768659333581noreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-66240083139799111812013-12-22T03:16:42.333-06:002013-12-22T03:16:42.333-06:00If the child is going to be appointed guardianship...If the child is going to be appointed guardianship as part of an ongoing CHIPs case, can one parent's parental rights be terminated? Transfer of guardianship does not affect one party because they live with the prospective guardians and child. The party has never worked and does not pay for any expenses of the child. Transferring guardianship will carry the same equivalent to TPR for the other party. The party in question has maintained no substantial relationship with the child and pays minimal child support (<$30) each month. Anonymousnoreply@blogger.com