Wisconsin Child Custody: Medical Decisions Before Birth




Because the baby’s due date was rapidly approaching, the court scheduled the motion for a hearing on the injunctive relief just a week after dad filed his motion. On the Friday before the Monday hearing, the court ruined a guardian ad litem’s weekend, appointing him in the case with a preliminary recommendation due Monday.

Ultimately the parties settled, stipulating to an interim order enjoining both of them from consenting to circumcision pending further order. They reached this stipulation despite an interim recommendation from the guardian ad litem that the injunction be denied and the mother be given authority to proceed with circumcision.

Thus while there was no court ruling on the question of a man’s standing to obtain injunctive relief concerning a child with no adjudicated father, the court appeared ready to address the medical consent issue squarely – appointing a guardian ad litem to address the merits, scheduling an emergency hearing.

The final outcome: Alleged dad was adjudicated the father. Months later the parties reached a permanent agreement that neither would consent to circumcision.