An Eastern Wisconsin State Senator is looking to make some adjustments to standards surrounding Guardian Ad Litem appointments.
The following is a news release sent out by Senator Andre Jacque of New Franken and Oconomowoc Representative Barbara Dittrich.
Under current law in cases involving child custody/placement disputes, a Guardian Ad Litem (GAL) is appointed by the court to represent the child’s best interest in the proceedings. Since the child cannot testify, there is no way to get the child’s voice heard and allow the child’s best interest to be truly represented unless a Guardian Ad Litem is appointed. Unfortunately, there is great confusion when it comes to petitions for visitation by grandparents, stepparents, or people who have maintained a relationship similar to a parent-child relationship with a child.
This proposal applies that same logic in third-party/step-parent visitation requests. Once standing is established (i.e. the person has a parent-like relationship with the child, and the petitioning party still has to prove that they meet all other factors required to achieve standing), it gives the court clear direction on what to do as to a GAL appointment. In these cases, our judicial system is still always looking at what’s in the child’s best interest, and that child’s best interest should be considered in regards to parental visitation as well as others who have formed a parent-like relationship with the child.
The need for this legislation has been highlighted by experienced family law attorneys. In one particular situation in Northeast Wisconsin, a judge spent almost an hour looking through statutory guidebooks, statutes, and case law trying to find any guidance on whether the court should appoint a Guardian Ad Litem in such a case. The judge, nor the other attorneys present, could not find anything that pertained to this type of situation.
This legislation will provide important guidance in situations involving third-party/step-parent visitation requests. Legislation identical to this proposal was introduced at the end of last session and supported by the Wisconsin Chapter of the National Association of Social Workers.
Analysis by the Legislative Reference Bureau
This bill requires a court to appoint a guardian ad litem (GAL) for a minor child in an action affecting the family where a petition for visitation rights has been filed by a grandparent, great-grandparent, stepparent, or person who has maintained a relationship similar to a parent-child relationship with the child and the petitioner has established standing to file the petition.
Under current law, a court is required to appoint a GAL for a minor child in an action affecting the family if the court has reason for special concern as to the welfare of the minor child or, with certain exceptions, if legal custody or physical placement of the child is contested. Current law also allows appointment of a GAL for a minor child if legal custody or physical placement is stipulated to be with any person or agency other than a parent of the child or, if at the time of the action, the child is in the legal custody of or physically placed with a person or agency other than the child’s parent.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
