On Point: B. Ch. 54, Guardianships

M. L.-F. v. Oneida County Department of Social Services, 2016 WI App 25; case activity

The County filed for termination of the parental rights of the mother and father of twin boys. While the TPRs were pending, the father’s mother, M. L.-F, filed a petition for guardianship of her grandsons. The court of appeals now holds that court’s decision in the T.P.R–to place the children under state guardianship pending adoption by their foster parents–would override any conflicting order in the guardianship case, and so affirms the dismissal of the guardianship petition.

Tina B. v. Richard H., 2014 WI App 123; case activity

The circuit court lost competency to decide a guardianship proceeding under § 54.34 because it failed to decide the case within the statutory time limit, but the circuit court’s decisions in a related guardianship proceeding under § 48.977 are affirmed.

Steve P. v. Maegan F., 2013 WI 89, dismissing review of an unpublished court of appeals decision; per curiam (Justice Prosser did not participate); case activity

This is every appellate lawyer’s nightmare–pouring your heart into an emotionally charged case presenting a provocative legal issue briefed by 5 different parties and amici and then having the supreme court declare that review was improvidently granted.

The record for this case is confidential so On Point’s explanation of what happened may be imprecise. 

Review of unpublished court of appeals decision; case activity

Issue (composed by On Point):

Should the Wisconsin Supreme Court modify the legal standard to be applied in third-party guardianship actions under Chapter 54 so as to require circuit courts to consider the best interests of the child?

Currently, a trial court may transfer custody of a minor child to a third party pursuant to Barstad v.