Please ensure Javascript is enabled for purposes of website accessibility

Guardianship Rights

By: Derek Hawkins//March 1, 2016//

Guardianship Rights

By: Derek Hawkins//March 1, 2016//

Listen to this article

WI Court of Appeals – District III

Case Name: M.L.-F. V. Oneida County Department of Social Services

Case No.: 2015AP553; 2015AP554

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Guardianship Rights

M. L.-F. appeals orders dismissing her WIS. STAT. ch. 541 petitions for guardianship of her twin grandsons. The central issue on appeal is whether an order under WIS. STAT. § 48.427 that terminated the children’s parents’ parental rights and ordered guardianship with the State of Wisconsin required dismissal of M. L.-F.’s previously filed, but stayed, ch. 54 guardianship petitions. M. L.-F. argues WIS. STAT. § 48.977(8)(b) expressly allowed her to file the ch. 54 petitions. We agree with M. L.-F.’s interpretation of that statute. Nevertheless, we conclude that, under the specific circumstances of these cases, WIS. STAT. § 48.15 precluded the circuit court from granting M. L.- F.’s ch. 54 petitions. We therefore affirm.

Recommended for Publication

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests