Do Grandparents Have The Right To Visitation In Wisconsin?

Many grandparents play an important role in their grandchildren’ s lives. However, Wisconsin law does not automatically grant grandparents the legal right to spend time with their grandchildren, also known as visitation rights. In most cases, courts presume that fit parents are able to determine who can spend time with their children. 

The Wisconsin Supreme Court case, Michels v. Lyons, found that a grandparent who wishes to have visitation rights to a grandchild in opposition to a fit parent’s wishes must establish that the parent’s decision to not allow the visitation is not in the child’s best interests.

As a result, obtaining court-ordered grandparent visitation in Wisconsin can be difficult. Whether a court grants a grandparent visitation depends largely on the specific facts and circumstances of the case.

When Can A Grandparent Request Visitation Rights?

There are several avenues for grandparents or other loved ones to pursue if they wish to obtain court ordered visitation, and they depend on the unique facts of each case:

1. Visitation Rights Under Wis. Stat. § 767.43

One of the key ways grandparents can obtain visitation rights is through Wis. Stat. § 767.43. To qualify, the following requirements (generally) must be met:

• The child is a nonmarital child – This requirement only applies in situations involving children whose parents were not married.
• The grandparent has maintained, or attempted to maintain, a relationship with the child.
• The grandparent is unlikely to interfere with parental decisions.
• Visitation with grandparents is in the child’s best interest. 

2. Grandparent/Stepparent Visitation Guardianship – 48.9795(12)

Another path to visitation is through Wis. Stat. § 48.9795(12). Under this statute, a court may grant reasonable visitation if:

• One or both of the child’s parents are deceased.
• Visitation is in the child’s best interests.

3. Minor Guardianship

Minor Guardianship is different from visitation, however it is another option for grandparents seeking placement with their grandchild or grandchildren. Minor Guardianship is not simply a request for court-ordered time with a child. Guardianship includes the legal authority to care for and make decisions on behalf of the child.

A grandparent or another interested person may petition the court for a minor guardianship. To grant the petition, the court must find that the child’s parents are unfit, unwilling, or unable to provide for the child’s care, custody, and control.

Need Help Understanding Your Options?

Although not impossible, it can be very difficult for a grandparent to obtain court ordered visitation.

If you have questions about grandparent visitation or guardianship, contact us or schedule a consultation with one of our family law attorneys to learn how Wisconsin law may apply to your family’s circumstances.