In Wisconsin, grandparents can have significant legal rights when it comes to their relationship with their grandchildren, especially in cases where there are custody or visitation concerns. While grandparents do not automatically have the same rights as parents, Wisconsin law provides certain protections and avenues for them to pursue visitation or custody under specific circumstances.
Grandparents’ rights to visitation
Under Wisconsin law, grandparents can request visitation with their grandchildren under certain conditions. Generally, grandparents may seek visitation if they can prove that it is in the best interest of the child and that they have an ongoing relationship with the child. There are a few key situations where grandparents may request visitation:
- When parents are divorced or separated: If the parents of the child are no longer together, grandparents may have an opportunity to seek visitation rights, especially if they were involved in the child’s life before the divorce.
- When one or both parents are deceased: If a parent of the child has passed away, grandparents may seek visitation to maintain a relationship with the child.
- When a parent is unfit or has been deemed unfit: In cases where one of the parents is deemed unfit, such as due to substance abuse or mental health issues, grandparents may be granted visitation or even custody, depending on the situation.
It’s important to note that the courts will always consider the best interests of the child when making any visitation decisions. If the parent(s) object to the visitation, the grandparent must prove that visitation will benefit the child in some meaningful way.
Grandparents’ rights to custody
Grandparents can also petition for custody of their grandchildren in Wisconsin, but this is a more complicated and rare process. In general, Wisconsin courts give preference to parents when it comes to custody matters.
However, if a grandparent believes that the child is at risk of harm or neglect in the parents’ care, they may have grounds to request custody. The courts will conduct a thorough review of the family circumstances to determine if granting custody to the grandparents is in the child’s best interest.
