Grandparents often play an important role in the lives of their grandchildren, aiding in their social and emotional development by providing unconditional love and support. When divorce, separation or other issues in a relationship between a child’s parents occur, grandparents may sometimes struggle to maintain contact with their grandchild, leading to concerns about a grandchild’s well-being.
Grandparent Rights in Wisconsin
Unfortunately, a parent who is estranged from their spouse may be unwilling to continue to facilitate a relationship between a grandchild and their grandparents after a divorce, leaving many grandparents wondering if there is anything they can do to save the relationship with their grandchild.
Grandparent rights depends on the circumstances. In Wisconsin, grandparents can request visitation of a grandchild from the court if:
- One or both parents of the child are deceased. Under this circumstance, grandparents may file a petition requesting visitation from the court, which may be granted if visitation is in the child’s best interests.
- The grandchild’s living parents were never married to each other. The grandparent can request visitation under this circumstance when he or she has or has tried to maintain a relationship with the child; is not likely to act contrary to the decisions made by the custodial parent/s; and the visitation is in the child’s best interests.
- If a parent is deemed unfit. A grandparent may be awarded visitation in this case to bridge the gap to eventual court ordered guardianship.
When Visitation is Left Up to Parent Discretion
A grandparent cannot file a petition for visitation if both parents are alive and married, or both parents are living, but are now divorced. Parents under these circumstance have a right to restrict or limit their child’s relationship with grandparents so the court will not get involved.
If a grandparent is granted visitation rights, the court will seek an arrangement that is in the best interests of the child which typically does not mean shared placement, but rather a schedule that does not usurp a parent’s time with the child. A court may be swayed to grant more liberal grandparent visitation rights if the grandchild enjoys an especially close relationship with a grandparent where limiting contact would prove detrimental.
Contact a Grandparent Visitation Lawyer for Help Today
If you are a grandparent wishing to establish visitation with your grandchild, contact family law attorney Jane Probst for assistance at 262-210-3135.