Guardian ad Litem

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One of the hardest decisions estate planning clients face is naming the guardians of their minor children. In fact, in my experience, the inability to reach such a decision can greatly frustrate the estate planning process for clients, leading them to delay, postpone, or even abandon the process entirely. Although this decision is incredibly important, it can be modified in the future should circumstances change. It is far better to nominate a guardian in your will and then modify

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Continue Reading 7 Factors to Consider When Choosing Guardians for Minor Children

In Wisconsin, Wis. Stat. 767.41(5) sets forth a list of factors that the court-appointed Guardian ad Litem is to apply in arriving to their recommendations as to what they believe is in “the best interest” of the minor child or children as it relates to custody and placement disputes. Ultimately the Court will also come to its own determination after considering the GAL recommendation and arguments presented by both parties.

The first factor, Wis. Stat. 767.41(5)(am)1 states that “The…
Continue Reading Factoring in the Factors #1: Parent’s Wishes

The Guardian ad Litem (GAL) is the court-appointed attorney to represent the best interests of a ward, child, or an incompetent adult. Importantly, their intended role is to apply the “best interest” standards. During their investigation, they may conduct interviews directly with the child, their relatives, teachers, counselors, and other individuals. Through their unique position, they will have access to review medical, school, and court records and documents to arrive to their recommendation. Ahead of an initial hearing, if…
Continue Reading GAL Friend or Foe

I devote a not-so-small portion of my practice to serving as a guardian ad litem in cases involving minor settlements. I scratched my head a number of times last year at anecdotes I heard and things I witnessed myself when it came to dealing with minor settlements.

And that got me thinking; maybe we should all think a bit more about how to most effectively and efficiently approach settlements offered to minors.

I am hopeful that anyone reading this…
Continue Reading Some Thoughts on Minor Settlements and GALs in Personal Injury Cases

Over its last several sessions, the Wisconsin Supreme Court has attempted to determine that burden of proof required during at dispositional phase of a termination of parental rights case in Wisconsin.

The Court first addressed this issue in June 2023 in its decision in State v. A.G.1 In a December 2023 article in this blog, my co-author Courtney L.A. Roelandts and I provided a detailed analysis of this case, which dealt with the issue of the burden…
Continue Reading Soon We May Soon Know the Required Burden of Proof in TPR Dispositional Hearings

The sibling bond is a fundamental aspect of human relationships. The bond often outlasts many other connections throughout a person’s life.

In the area of foster care and adoption, where stability and emotional support are important, the preservation of sibling relationships takes on an even greater significance.

As children navigate their self-discovery and personal development, the sibling relationship is a critical influence in their lives. Thus, understanding the impacts of sibling separation in foster care and adoption settings is…
Continue Reading The Sibling Bond: Its Importance in Foster Care and Adoptive Placement

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 headshot

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

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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

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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

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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