In Wisconsin, grandparents may be afforded the legal right to have visitation with their grandchildren. The process to obtain these rights may be difficult, therefore it is helpful to have an attorney navigate you through this process.
When the parents have been married, and have subsequently divorced, grandparents may request “reasonable visitation rights” in the existing family law action. In order to be successful in this type of action, the grandparent must successfully demonstrate three factors: (1) he/she has maintained a parent-child relationship with a child, (2) the child’s wishes to have a relationship with the grandparent, and (3) the visitation with the grandparent is found to be in the child’s best interest.
When the parents are unmarried, the grandparent may file an independent suit or petition if they have maintained a relationship with the child or have attempted to do so, but were prevented from having a relationship with the child by the child’s custodial parent. In these cases, there must be a determination of who is the father of the child (a paternity determination). If the requirements are met, then the court will consider other factors, such as the best interest of the child, the wishes of the child, and whether the grandparent will abide by decisions made by the child’s parents concerning the child’s “physical, emotional, educational or spiritual welfare,” if that grandparent is afforded visitation rights.
There are also other actions available to grandparents seeking visitation when one or both parents are deceased or when the biological grandchild has been adopted. Nelson, Krueger and Millenbach, LLC does not handle guardianship cases or adoption cases, so if this is your situation, you should seek advice from an attorney experienced in these areas of the law.
If you wish to speak with an attorney regarding grandparents rights in a divorce action or in a paternity matter, please contact Nelson, Krueger and Millenbach, LLC, at 414-258-1644 to schedule a free half-hour consultation.