The Wisconsin State Code, Chapter 767, sets forth specific situations in which a grandparent residing in the jurisdiction is able to seek certain rights regarding a grandchild. Rights of a grandparent are determined by the court of the county where the child resides, upon the filing of a petition by that grandparent.
Ability to Obtain Rights
A grandparent possesses a right to seek visitation with a grandchild in Wisconsin only when an underlying case exists affecting the family unit, according to the Wisconsin Legislative Council. The Council identifies these types of cases as divorce, legal separation or annulment. According to Wisconsin law, a grandparent lacks the right to seek visitation outside of these types of proceedings. A grandparent in Wisconsin obtains the right to seek custody if the parents die or are found unfit to care for the grandchild.
Standard
Wisconsin law requires an application of the best interests of the grandchild standard in granting grandparent rights to visitation or custody, according to DivorceSupport.com. The best interests of a child are determined by the court, considering evidence presented to the judge by all interested parties.
Considerations
In determining if permitting visitation or awarding custody to a grandparent is in the best interests of the grandchild, Wisconsin laws requires a consideration of certain factors by the court, according to DivorceSource.com. These factors include the nature of the preexisting relationship between the grandparent and grandchild, the mental and physical health of the parties and the wishes of the grandparent and the grandchild.
Warning
Even in a situation in which a grandparent seeks visitation rights to a child because of divorce, legal separation or annulment of the parents' marriage, a parent legally can object to the request made. If a parent successfully demonstrates that permitting a grandparent access to a child is counter to that child's best interests, the grandparent's request can be denied by the court.
Expert Assistance
Establishing and enforcing the rights of a grandparent in Wisconsin necessitates an understanding of complicated laws and procedures. Therefore, a grandparent seeking these types of rights typically is best served retaining a lawyer. The Wisconsin Bar Association provides resources to assist a grandparent in finding and hiring an experienced attorney.
