Parents have the right to raise their children in almost any way they see fit, as long as they are doing so in a safe and stable environment where the child’s basic needs are being met. This means that parents generally have the right to control who their child does and does not spend time with. However, there are situations, particularly those involving divorce and separation, where grandparents have a reasonable expectation for visitation. To establish visitation rights, grandparents must prove, by clear and convincing evidence, that visitation is in the child’s best interest.

Overview of Grandparents Visitation Rights in Wisconsin

In Wisconsin, parents have a constitutional right to raise their children as they see fit, free from government interference. However, this right only applies to “intact families.” In situations where the parents are unmarried and one or both parents are preventing a grandparent from spending time with the child, a grandparent can file a petition for visitation rights if granting them is in the “best interests of the child.”

Wisconsin Statute 767.43, Visitation rights of certain persons, states that grandparents, great-grandparents, stepparents, and other individuals who have maintained a parent-child relationship with a child may be granted reasonable visitation rights if the parents have notice of the hearing and the court determines it is in the best interest of the child. This has been established as a constitutional right in Wisconsin.

Nonetheless, grandparents must meet certain criteria to establish grandparent visitation rights. In Wisconsin, a court can grant grandparent visitation rights if all of the following are true:

• The child was born to unmarried parents who have not subsequently married each other
• If the grandparent seeking visitation is the parent of the child’s father, paternity of the child has been established
• The child has not been adopted
• The grandparent has maintained or attempted to maintain an ongoing relationship with the child but the child’s parents have prevented the grandparent from doing so
• The grandparent is not likely to act in a way that is contrary to decisions made by the child’s parents regarding the child’s physical, emotional, educational, or spiritual well-being
• Visitation is in the best interests of the child

Nonetheless, visitation may still be granted in cases that do not meet the above criteria if the court determines that grandparent visitation is in the best interests of the child and will not violate the parent’s idea of appropriate visitation.

Establishing Grandparents Visitation Rights in Wisconsin

A grandparent, great-grandparent, stepparent, or other individual who has a parent-like relationship with the child must file a petition with the court seeking “third-party visitation” rights. They must provide notice to the child’s parents of the request, and explain at the hearing why awarding grandparent visitation rights is in the child’s best interests.

In 2019, the Wisconsin Supreme Court issued its decision in Michael v. Lyons, which made it somewhat more difficult for grandparents to establish visitation rights. The Court placed the burden of proof more heavily on the grandparents, requiring that they present “clear and convincing evidence” that grandparents visitation rights are in the child’s best interest. In that case, the lower court granted a grandmother’s petition for visitation despite finding that the child’s parents were good and fit parents and both had objected to the grandmother’s visitation rights. The Wisconsin Supreme Court overturned the verdict, finding that the grandmother needed to present “clear and convincing evidence” that the parents’ decision not to allow visitation was not in the child’s best interests.

Help Navigating Grandparents Visitation Rights in Wisconsin

For grandparents seeking visitation rights in Wisconsin, success is never guaranteed. The court will evaluate the petition for grandparents visitation rights under the “best interests of the child” standard and the specific circumstances of the case. Grandparents should be prepared to show why their relationship with their grandchild is important and how visitation will positively contribute to the child’s life.

At Muter Law Office, we understand the complexities of family dynamics and the issues they can present, particularly in cases of divorce or when the parents of a child are unmarried. Our attorneys will ask questions to learn about your situation, explain and help you evaluate your options, and when necessary, provide the legal representation you need to assert your grandparents rights.

For Grandparents Seeking Custody of a Grandchild

A child’s parents generally have a presumptive right to custody. However, in situations where the fitness of both parents is in question, the court will investigate to ensure the child’s safety is being maintained. When parents have a history of neglect or abuse or are otherwise unable to care for the child, a grandparent can seek to be appointed as the child’s guardian.

Contact Muter Law Office Today

The Muter Law Office is located in Baraboo, Wisconsin, and represents individuals and families in family law matters throughout Wisconsin, including Sauk, Juneau, Adams, Columbia, Dane, Iowa, Richland, and Vernon Counties. Contact the Muter Law Office today to schedule a consultation to discuss your situation and how we can assist your family.