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Guardianship versus parental rights The fact that the child has a guardian does not mean the parent has no rights. Parental rights usually include the option to spend time with the child, as well as the authority to make major decisions and sign contracts for the child. Having a guardian does not generally change this.

The person who wants to be the new guardian would file a Petition for Appointment of Successor/Co-Guardian. The guardian can voluntarily resign if they no longer want to be the guardian. The court will have to choose a replacement guardian, and may appoint the public guardian if no one else is willing to be appointed.

There is no such thing as a temporary guardianship. Before a court can order that a guardian be appointed for a child, it must decide that the parent is not able to do the job. If you agree to the appointment of a guardian, you are telling the court that you cannot manage your child on your own.

You or the new guardian will need to file all the same forms used to start the original guardianship. The procedure for appointment of a successor guardian is the same as for the original appointment. You will need to sign a declaration that you are resigning as guardian and state the reason for the resignation.

You will need to petition the court to terminate the guardianship. You will need to submit all of the proper forms and call to schedule an appointment. At the appointment, a Wisconsin Staff Attorney will need to review your paperwork and determine if it is legally sufficient.

If you choose someone who turns out to be unfit to raise a child, a judge will probably appoint an alternate guardian you named?if the alternate is willing and able to raise your child. The most common way to name a guardian for children is to use a will.