Guardian ad Litem

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In May 2024 in this blog, 1 my co-author Jenni Spies Karas and I warned that practitioners and judges should be mindful to cite the authority by which they are requesting or entering default judgment, pending the outcome of the Wisconsin Supreme Court case State v. R.A.M.

That caution has become a reality.

Courtney L.A. Roelandts, Marquette 2018, is the assistant managing attorney of the Children’s Court Guardian ad Litem Division of the Legal Aid Society of…
Continue Reading State v. R.A.M. and a Parent’s Right to Counsel in TPR Cases

In many family law cases it may become necessary for the court to appoint a guardian ad litem to conduct an investigation and make a recommendation relating to custody and placement. A guardian ad litem is a licensed attorney who has completed at least the minimum training to serve as an advocate for the best interests of children. A guardian ad litem may also be appointed in cases where are allegations of domestic abuse in the relationship.

In cases…
Continue Reading Working with a guardian ad litem in family law cases

Guardians ad litem (GAL) ​​are tasked with the unique role of representing a child’s wishes and their best interest. Everything a GAL does is to ensure that children have safe environments to grow up in and the most meaningful relationships possible with their families.

It is important that GALs understand the impact a child with disabilities has on their family, so they can effectively be an advocate for the child.

Every professional who works within and around the child…
Continue Reading Unveiling the Gaps: Improving Our Advocacy for Disabled Children

Guardian Ad Litems are appointed by courts in custody and placement disputes to help educate the court on what placement and custody arrangement is in the best interests of the child or children. When determining if an arrangement is in the best interests, the Guardian Ad Litem will look at 16 factors. Those factors are enumerated in Wis. Stat. Sect. 767.41(5). None of the factors discuss firearms.

In the absence of any direction on how to handle firearms, firearm…
Continue Reading Firearms and the Best Interests of the Children: Can a Guardian Ad Litem Take My Guns?

Transgender children and their families are under attack. In the last two years, politicians and lawmakers have sought to limit transgender youth from accessing health care, education, and other basic rights.

Through a campaign of moral outrage based on misleading, incorrect, and at times outright fabricated information, state legislators have introduced at least 306 bills from 2020 to 2022 that target the trans community. Most concerning, the majority of these laws, 86%, center on transgender youth.1

Transgender youth…
Continue Reading Gender-affirming Care Is Not Child Abuse

Racine County v. P.B., 2022AP765-FT, 11/30/22, District 2 (recommended for publication); case activity

Section 54.42(5) and 55.10(4) give a person undergoing guardianship and protective placement the “right to  be present” a the final hearing. Sections 54.44(4)(a) and 55.10(2) further require the county to ensure that the person “attends” the final hearing, unless the GAL waives attendance. In a published decision, the court of appeals holds that these statutes protect the person’s right to be physically present. Attendance…
Continue Reading Subject has Right to be Physically Present at Guardianship and Protective Placement Hearings