Guardianship In WI

[lizzy54476]

What is the name of your state (only U.S. law)? I live in WI and have perm guardianship of my grandaughter for the last 2.5 yrs. Now since my daughter was on assistance while she was pregnant the state wants half of the birthing expenses back so they are taking the father to court and on those court papers it asks my daughter to fill out a parenting plan with the father. The child support agency doesn't even acknowledge me as being the guardian. I have full and perm guardianship I didn't even ask for child support for her. I receive no assistance what so ever for her. The father is in jail and has never seen my grandaughter. My daughter has been stepping up as a mother finally. Can a judge over rule my guardianship? How can the child support agency totally not acknowledge me?

 

[LdiJ]

What is the name of your state (only U.S. law)? I live in WI and have perm guardianship of my grandaughter for the last 2.5 yrs. Now since my daughter was on assistance while she was pregnant the state wants half of the birthing expenses back so they are taking the father to court and on those court papers it asks my daughter to fill out a parenting plan with the father. The child support agency doesn't even acknowledge me as being the guardian. I have full and perm guardianship I didn't even ask for child support for her. I receive no assistance what so ever for her. The father is in jail and has never seen my grandaughter. My daughter has been stepping up as a mother finally. Can a judge over rule my guardianship? How can the child support agency totally not acknowledge me?

If you are the child's permanent, legal guardian then that guardianship would have to be revoked by a judge before your daughter or dad could receive any kind of custody. Dad would have to sue you for visitation, not mom.

Your daughter should state that she does not have custody of the child (on that paperwork) that you are the child's permanent legal guardian.

 

[lizzy54476]

The child support agency knows that I have guardianship! My daughter showed them the court order. When DNA was taken I received papers then to bring my grandaughter in for that. On the the papers for child support they state that she lives with me but used my maiden name and didn't mention that I have guardianship. Should I make copies of the child support papers and send a copy of guardianship to judge. I only know the court date because my daughter showed the court papers to me.

 

[LdiJ]

The child support agency knows that I have guardianship! My daughter showed them the court order. When DNA was taken I received papers then to bring my grandaughter in for that. On the the papers for child support they state that she lives with me but used my maiden name and didn't mention that I have guardianship. Should I make copies of the child support papers and send a copy of guardianship to judge. I only know the court date because my daughter showed the court papers to me.

What you could do is file to intervene in the child support case and in that paperwork correct your last name and state that you have permanent legal guardianship and that the child lives with you. You could enclose a copy of your guardianship orders.

 

[lizzy54476]

Thank You for your help! How do I file to intervene? Do I do that with the courts? Or do I do that with child support agency?

 

[LdiJ]

Thank You for your help! How do I file to intervene? Do I do that with the courts? Or do I do that with child support agency?

I am not certain, because each state handles child support a little differently. If the case is at a stage where it does have a case number, then I would file it with the courts and serve it on not just mom and dad, but also on the CS agency. That would cover all the bases.

I would also be very specific in your filings. I would state that the CS agency has opened a CS case between mom and dad and is attempting to get them to put a parenting plan together as well. I would state that you have legal permanent guardianship of the child and the child is in your physical custody therefore any child support case should be between you and dad, and any visitation case should be between you and dad as well.