Thankfully, a court can award a grandparent the right to see their grandchild otherwise known as “grandparent visitation.”  The grandparent relationship is an important relationship in any child’s life. Grandparent visitation maintains the bond when a parent is not allowing the relationship to continue. Do I Have Grandparent Visitation Rights? The answer depends…

Do I Have Grandparent Visitation Rights?

Every state has its own laws regarding grandparent visitation but there are some common themes. Courts will consider the relationship between the grandchild and the grandparent. They will also consider whether the visitation is in the grandchild’s best interest. Most courts give special weight to the parent’s decision to prevent visitation. They will assume that the parents are acting in their child’s best interest. The grandparent requesting visitation must prove otherwise.  In addition, the grandparent must show that they have maintained a relationship or at least tried to do so. They must also show that the parent has prevented them. For all the requirements, see the Wisconsin Grandparent Visitation statute. But the grandparent cannot act contrary to the parent’s decisions related to a child’s physical, education or spiritual welfare. Grandparents can make routine daily decisions but not major changes. If a court finds that a grandparent wants to convert a child to a different religion, the court would not award visitation. In Wisconsin, a grandparent must file a petition for visitation with the Court. If the parents have already filed a divorce or paternity, you can file in the same case. It is critical to share specific facts with your attorney those facts are unique to your case. Those facts determine the outcome.

Non-grandparent Rights

Wisconsin law allows visitation for someone who is not the child’s parent in several situations. For instance, it can be related to a divorce, proving paternity, the death of a child’s parent or adoption.  However, in Wisconsin, terminating the biological parent’s rights for adoption also generally ends the grandparents’ rights. Someone who is not a grandparent must prove that they have maintained a parent-child-like relationship. Grandparents do not.  A non-grandparent must still prove this visitation is in the child’s best interest. Courts will take into account what the child wants. It feels terrible to be prohibited from seeing your grandchild.  If you must proceed with court action,  hire a family law attorney who is experienced with grandparent visitation. That attorney will discuss your best options. Cassel Villarreal has 20 years experience in family law issues including grandparent and non-grandparent visitation.