QUESTION
What steps do we take for kinship emergency custody for minor child whose mother passed away recently?
Asked on Jan 04th, 2017 on Child Custody - Wisconsin
More details to this question:
My cousin passed away recently. We have reason to believe his father's home life is not the safest place for him to reside. My other cousin would like to file for emergency custody but not sure the steps to go about doing this mostly being that she lives in another state.
1 ANSWER
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One possibility is actually to file a petition in Family Court (in Wisconsin this is part of the regular Circuit Court) for custody. You would have to overcome a preference for the surviving parent as the 'natural guardian' of the child. A second possibility is to move for guardianship of the child. This might be a mite easier, but I can't be certain. In either case, you would do well to locate a skilled family law attorney for advice and representation. It's almost always worth the investment. Good Luck
Answered on Mar 02nd, 2017 at 5:32 PM