Grandparents Rights in Wisconsin

Do Grandparents Have Visitation Rights in Wisconsin?

In Wisconsin, parents have a constitutional right to raise their children without government interference. However, this right is only protected for “intact families.” When circumstances arise that threaten the integrity of the family, such as divorce, the birth of a child out of wedlock, or the death of a parent, the government may intervene to ensure the child’s best interests are safeguarded. This can include ensuring that children maintain a meaningful and ongoing relationship with their grandparents.

Regarding grandparent visitation, the term “visitation” refers to taking a child away from their usual home environment to host them as a guest. While it shares similarities with parental visitation, it is not exactly the same.

It’s important to note that grandparents cannot petition for “custody,” which involves the authority to make significant decisions about the child’s upbringing. Custody remains solely with the parents. Any grandparent granted visitation rights must ensure that their decisions align with the custodial decisions made by the parents. Failing to do so could jeopardize their visitation privileges.

How Do I File for Grandparents Rights in Wisconsin?

Grandparents in Wisconsin have two main options for pursuing visitation rights with their grandchildren, though there are also specific circumstances where these rights cannot be pursued.

When Can Grandparents Pursue Visitation Rights?

1. When One or Both Parents Are Deceased:
   In this case, grandparents can file a petition requesting visitation with the child. They only need to provide notice to the child’s surviving parent (or other custodian). The court will consider the visitation request and grant it only if it is deemed to be in the child’s best interests.
2. When the Child’s Parents Were Never Married:
   If the parents were never married to each other, the grandparent must prove the following:
   • A consistent relationship has been maintained with the child, or the grandparent tried but was prevented by the custodial parent(s).
   • The grandparent is unlikely to undermine the decisions made by the custodial parent(s).
   • Visitation would be in the best interests of the child.
     Note: If the grandparent is seeking visitation with a child born to unmarried parents and is the parent of the child’s father, paternity must first be established before visitation can be requested.

When Can Grandparents NOT Pursue Visitation Rights?

1. When Both Parents Are Married to Each Other:
   If the parents are both alive and married, grandparents have no recourse to obtain court-ordered visitation. The decision to allow or restrict visitation is entirely up to the parents.
2. When Both Parents Are Divorced But Were Previously Married:
   Even if the parents were once married but are now divorced, grandparents cannot seek court-ordered visitation. Again, parents retain the authority to restrict or limit the child’s relationship with grandparents.

In both of these cases, grandparents’ rights are fully dependent on the decisions made by the parents. Married or divorced parents have the right to determine the nature and extent of the relationship their child has with their grandparents.

What are reasonable visitation rights?

Short Answer: Whatever the court deems is reasonable.

Reasonable grandparent visitation rights are whatever the court determines is reasonable under the circumstances. The court has a lot of latitude to craft an arrangement that is in the best interests of the children.

• Courts have been careful to avoid establishing grandparent visitation schedules that mimic the kinds of visitation schedules separated parents often have. There is an implication in the law that “sharing placement” with grandparents is “too much.”
• Therefore, it is rare to see a grandparent visitation schedule for alternating weekends or alternating holidays.
• The courts have also held that, whenever possible, grandparent visitation should not usurp a parent’s placement time. For example, if a parent works during the day, it may be reasonable for the grandparent to have visitation with the child while the parent is at work because that would not interfere with the parent’s ability or opportunity to parent the child. But, if the parent works during the week, it may be unreasonable to establish grandparent visitation at night or on the weekends when that is also the only time available for the parent to see his or her children.

Parents Rights Against Grandparent Visitation Rights

A fit parent will always have superior rights over any grandparent.

Exceptions to this general rule would be:

• When the parent is unfit—in which case, grandparent visitation may only be a stopgap on the way to a guardianship (where the grandparent officially takes over the parenting role with court approval)
• When the grandparent had a “parent-like relationship” with the child. For example, courts are prone to grant more liberal grandparent visitation rights if the grandparents provided daily daycare services while the parents worked or if the children frequently spent the night at the grandparents’ house such that it would be detrimental to the children to undermine that routine or if, for example, a child lived with a grandparent during a parent’s incarceration—it may be harder for the parent to terminate the grandparent’s relationship with the child.

Can a parent deny a grandparent visitation with a grandchild?

Short Answer: Yes—unless there is a grandparent visitation order in effect.

There is a presumption that a fit parent makes decisions in his or her children’s best interests. Therefore, if a parent chooses to limit or restrict a child’s relationship with a grandparent, the courts must assume that this is what is best for the child.

If a grandparent disagrees, he or she can Petition for grandparent visitation. However, the grandparent must prove not only that the proposed grandparent visitation is in the child’s best interests but must prove first and foremost that the parent’s decision to restrict the child’s relationship with the grandparent is harmful to the child.

However, once a grandparent visitation order is in effect, the parent must abide by it. If he or she withholds the child from the grandparent, the parent can be held in “contempt” for violating the court order and can be fined, sanctioned, or even imprisoned.

Can grandparents sue for visitation?

Short Answer: Yes.

A grandparent who wishes to establish a court-ordered visitation schedule can file a Petition in the civil court of the county where the children reside.