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Grandparents visitations rights

Great Grandparents, Grandparents & Stepparents Visitations Rights

Under Wisconsin law, a Court can order visitation of a child with his or her Grandparents, Great Grandparents or Stepparents. That law is often referred to as, 'Grandparents Visitation Rights', and it has recently changed.

Wisconsin Law

Effective April 7, 2016, the Wisconsin Supreme Court issued a major decision changing the face of Grandparent (as well as Great Grandparent and Stepparent) visitation law.

We [Wisconsin Supreme Court] conclude that Wis. Stat. ยง 767.43(1) does not
require a grandparent, great-grandparent, or stepparent who files
a motion for visitation rights under this subsection to prove
that he or she "has maintained a relationship similar to a
parent-child relationship with the child." Rather, the parent
child relationship element applies only to a "person" seeking
visitation rights who is not a grandparent, great-grandparent, or
stepparent. Additionally, we conclude that the legislature's decision
to allow courts to grant visitation rights to grandparents,
great grandparents, and stepparents when visitation
is in the best interest of the child does not unconstitutionally
infringe on parents' constitutional rights...

What is involved in getting a visitation order?

If there is a dispute, a Court will generally order the disputing parties (Parents and the Great Grandparents or Grandparents or Stepparent) into mediation with the hope they will resolve their differences and come to a agreement on visitation with the child or children.

If the parties come to an agreement, the mediators will present it to the Court and, in most instances, the Court will make it an order.

If the parties are unable to reach an agreement, the Court will likely appoint a Guardian Ad Litem to represent the best interests of the child. The matter will then be reviewed at a hearing with input from a Guardian Ad Litem, and if necessary, the case will be scheduled for trial. Throughout the process, Attorney Kathy Reiley is prepared to zealously advocate for her client's position.

Can other parties petition the Court for visitation?

If other third parties (including non-family members) can show that they have maintained a parent-like relationship with the minor child, they can also petition for visitation.

A Court bases its decision on the child’s best interest. As part of that consideration, deference is given to the decisions of fit parents.

What if the parents are not married?

Grandparents, Great Grandparents and Stepparents may petition for visitation regardless of whether the parents are or have ever been married.

Wisconsin Laws on 'Grandparents Visitation' Recently Changed

On Thursday, April 7, 2016, the Wisconsin Supreme Court issued a major decision on the question of Grandparent, Great Grandparent and Stepparent visitation.

The Supreme Court’s decision holds that Stepparents, Grandparents and Great Grandparents need not prove they maintained a parent-child relationship to be awarded visitation.

Wisconsin Courts may grant visitation rights to Stepparents, Grandparents and Great Grandparents when it is in the best interest of the child to do so.

What step do we take next to see our Grandchild or Stepchild?

The first step towards succeeding on a petition for visitation with a Grandchild or Stepchild is to contact the law offices of Attorney Kathy Reiley to discuss your situation. Call Reiley Law Offices at 414-369-6309.

 

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