Your Child Visitation Rights in Wisconsin

Learn about child visitation rights from award-winning Wisconsin family law attorneys

The time a parent spends with their child is precious, and under most circumstances a relationship between a child and both of their parents is always encouraged. Learn what visitation rights Wisconsin parents have in the state of Wisconsin below.

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About visitation rights in Wisconsin

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When one parent doesn’t have custody of the children, the other may still want their visitation rights respected. If you’re concerned about your chances to see your children, our attorneys can help you with your visitation agreement.

When you seek out a divorce, you might know that you can’t handle custody of your children alone. Having time with both parents can be vital to a child’s growth, reaching out to an attorney that is willing to help you protect your rights and has your child’s best interests in mind is vital. Our attorneys have offices in Milwaukee, Waukesha, and Ozaukee counties and can help you manage the visitation process.

Who Has Visitation Rights?

Generally, a parent does have the right to see their children and spend time with them. Our attorneys understand that you may want to maintain a relationship with them even if you don’t share a home. However, your rights to visitation in Wisconsin may have some limits. Often times, the courts will need to decide whether your visitation would be in the best interests of the child. If the judge believes that the visitation will undermine the child’s relationship with their custodial parent, you may struggle to be allowed visitation.

As such, it’s important to have a lawyer on your side before you begin your fight for visitation rights. Several factors can affect your visitation rights so it’s best not to risk those rights. Instead, seek out an attorney who can help defend your rights.

Grandparents’ Rights

It may be that you aren’t seeking visitation rights as a parent but as a grandparent and you might be concerned that you won’t be allowed to see them, especially if the custodial parent is not your child.

Fortunately, grandparents do have some visitation rights in Wisconsin. While parents are expected to act in the best interests of the child, when dealing with non parental visitation, you may believe you are being unfairly kept from your grandchild, so you may need a lawyer.

For starters, you’ll need to file for a hearing to seek visitation rights for a grandchild. Typically, the paternity of the child will have to have been established, and the judge will determine whether your visitation is in the best interests of the child. Typically, a lawyer can help you prepare your defense and the reasons you should have visitation.

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Enforcing Your Visitation Rights

When dealing with child visitation, former spouses may not agree with the visitation plan, and one may try to undermine the time the other parent spends with the child. Often, this issue comes from the other parent refusing to drop the child off with you, claiming the child doesn’t feel well, or otherwise making excuses to avoid letting you have your time with the child.

It can be distressing to lose that time with your child, so you’ll need to protect that time with them. Our honest, fair, and compassionate attorney can help you with this process. If you or your child are concerned about your visitation rights, you’ll need to document anything your spouse says or does about the agreement and take your case to court.

If you have proof that the custodial parent is withholding the child from you, you may be able to have your rights enforced. The other parent could face fines for their actions, and in some cases, they may even face jail time. Because it was decided during the divorce proceedings that visiting time was in the best interests of the child, taking away that time goes against their best interests.

Keep in mind that your former spouse may also try to affect the hearing by making claims about you. In cases which one parent is making claims of endangerment for the child, you’ll need to make sure that your attorney is prepared to defend you against these accusations as well.

What’s Next?

Getting a fair visitation agreement can be vital when you’re the noncustodial parent. You want time with your child, and that can be difficult when the other parent doesn’t agree. If you are a grandparent, your options for visitation aren’t as clearly laid out as if you were a legal parent.

Our attorneys at Karp & Iancu can help you untangle your visitation rights and what you can do to enforce those rights. You and your child may both need this time together, so we’ll help you fight back for that time.

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Our lawyers are experts in all facets of family law

We know your visitation rights front to back so that you don't have to. We've also won awards for cases involving the following practice areas of family law in Wisconsin:

Alimony & Maintenance

Marriage isn’t always equal—and neither is divorce. You may have made unequal caretaking or financial contributions to the family. We will help you fight to make sure those contributions are acknowledged and compensated.

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Child Custody & Visitation

Learn whether sole custody or joint custody is best for your children and find a visitation schedule that will work for your family.

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Child Relocation

Do you have questions about where you can relocate your children in the state of Wisconsin? We can help you understand the laws surrounding relocating a child.

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Child Support

When you’re a parent going through a divorce, your first concern is likely your children. Our lawyers are experts in guiding clients through the options available. We understand your top priority is making sure your children are taken care of.

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Property & Assets

When you’re facing a division of marital property, it can be tough to ensure you’ll get a fair share of the assets. We’ll work with you to determine what is and is not part of the marital estate and will help you claim what is rightfully yours.

More about assets


Whether paternity is established by acknowledgement or only after genetic tests, we are here to help you through the process from start to finish.

More about paternity

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