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Muskego lawyer for grandparents rightsIn 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:

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