Learn about grandparent rights from award-winning Wisconsin family law attorneys
In Wisconsin, grandparents can request the court’s permission to visit or seek physical custody of their grandchildren. However, parents have the legal right to deny grandparent visitation unless there is an official visitation order in place. Below, you’ll find more details about the specifics of grandparents’ rights in Wisconsin.
Questions answered in this article:
What are reasonable visitation rights? | Can a parent deny a grandparent visitation with a grandchild? | Can grandparents sue for visitation?
Jump to a section:
Do Grandparents Have Visitation Rights in Wisconsin? | How Do I File for Grandparents Rights in Wisconsin? | Parents Rights Against Grandparent Visitation Rights
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.
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If you are ready to seek more information on a grandparent visitation order, schedule a confidential consultation with us or complete the form below.
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Spending quality time with your grandchild is one of the most fulfilling things you'll do. Let our lawyers help protect those precious moments by preparing visitation times and cadence.
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In order to reach an agreement your grandchild's custodial parent, we'll file a petition so it can be reviewed by the local family court.
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.
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.
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.
A fit parent will always have superior rights over any grandparent.
Exceptions to this general rule would be:
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.
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.
We bring ease to the process of gaining precious time with your grandchildren. We're also known for winning cases across the state in other areas of family law and divorce:
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