Do Wisconsin Grandparents Have the Right to Request Visitation For Their Grandchildren?

 Posted on May 26, 2021 in Family Law

In recent years, many states have begun to recognize the importance of the relationship between children and adults who may not necessarily be their parents. In many cases, there are other adults in many childrens’ lives who provide care and guidance. These adults might be other family members, like aunts, uncles, or grandparents, or they may even be step-parents. Under certain circumstances, these individuals -- especially grandparents -- may be able to have visitation rights granted to them when a parent withholds their child. 

When Do Visitation Rights Apply?

There are only limited situations in which a grandparent might be granted visitation with their grandchild. Parents have a right to be able to raise their children without governmental interference. The limited nature of the third-party visitation statute is intended to protect that right by establishing the presumption that a parent’s decision to deny visitation by a grandparent is in the child’s best interest. However, a grandparent may be able to be awarded visitation rights if the child’s parents are going through divorce proceedings, one or both of the child’s parents are deceased, or the child’s parents were never married.

Special Grandparent Visitation

If a grandparent wishes to petition for visitation, they have the burden of proving that all of the following elements are true:

• The child’s parents are not married and the child has not been adopted.

• The child’s paternity has been determined

• They have a close relationship with the child or they have attempted to keep a close relationship with the child, but were unable to do so because of the child’s parent

• They are not likely to act in a manner that would harm the child’s physical, mental, educational, or spiritual welfare

• Granting visitation would be in the child’s best interest

Contact a Waukesha, WI Visitation Attorney Today

The bond between a child and their grandparents is often a very nurturing one. It can be very distressing to both the grandparent and the child if they are no longer able to maintain their relationship with one another. At Bucher, Wolff & Sonderhouse, LLP, we understand how stressful and frustrating it can be when you are denied visitation to a child that you are used to having in your life. Our team of Waukesha County visitation lawyers is here to help you protect your relationship with your grandchild. To schedule a free consultation, call our office today at 262-232-6699.

Sources:

https://docs.legis.wisconsin.gov/misc/lc/information_memos/2021/im_2021_02

https://docs.legis.wisconsin.gov/statutes/statutes/767/v/43