Many grandparents and grandchildren enjoy a close relationship, facilitated by parents who welcome the interaction between the generations. However, this is not always the case. Sometimes parents will not allow grandparents to see grandchildren, even after a positive relationship has been established. When a child cannot continue a relationship with his or her grandparents because of the parents’ wishes, it can be devastating to both the grandparents and child.
While responsible parents maintain the right to raise their children as they see fit, sometimes Wisconsin grandparents can provide clear and convincing evidence to a court as to why it is in a child’s best interest to continue a relationship with their grandparents.
A typical scenario involves parents that have divorced, with one or both parents suddenly denying a grandparent access to their beloved grandchild. In other cases, the death of one parent can result in the surviving parent cutting ties with the deceased parent’s family.
Under the Wisconsin Grandparents Visitation Statute, grandparents can petition the court for visitation rights arguing that denying the grandparents access would not be in the child’s best interest, although the burden is on the grandparents to convince the court that a child is better off with the grandparents love and influence in their life.
Grandparents who seek visitation should be prepared to demonstrate that they have established and maintained (or attempted to) a close relationship with their grandchild in cases where parents are unmarried, have divorced, where one parent is deceased, or in cases of proposed guardianship when a parent is deemed unfit.
It is heart wrenching to lose a relationship with a beloved grandchild and it may be worthwhile to explore strategies to get the relationship back on track for the benefit of all involved. If you have questions regarding grandparent guardianship, contact the law offices of Jane Probst for help today through our website or call 414-210-3135.