Wisconsin Expands Grandparents’ Rights

In a recent court decision from earlier this year, Wisconsin has elected to greatly expand grandparent visitation rights.

The individual states have varying positions on whether grandparents are entitled to certain rights, such as visitation with their grandchildren. In 2000, the United States Supreme Court ruled that the constitutional right of parents to direct the upbringing of their children may not be superseded by a third party’s request for visitation. In the underlying case, a mother sought to limit the amount of visits her children were having with their grandparents, but the lower court ruled against her, granting visitation in excess of what she had offered to the grandparents. In the Supreme Court case, Troxel v. Granville, the justices determined that such a ruling burdened the rights of parents to make decisions on behalf of their children. Although the court recognized that it is important for children to have a relationship with their grandparents, the decision-making power of parents should not be ignored.

However, in some situations, ordering grandparent visitation is appropriate. In April, the Wisconsin Supreme Court determined that grandparents, great-grandparents, and stepparents of children with divorced parents may seek visitation through the Wisconsin courts. For grandparents, Wisconsin law previously stated that, to seek visitation with a grandchild, a grandparent had to demonstrate that he or she had a “parent-like” relationship with the grandchildren.

In the Wisconsin case, a grandmother sought formal visitation rights through the court system. After her son went through a divorce, her former daughter-in-law began limiting the amount of time that she was able to spend with her grandchildren. The lower courts ruled that because the grandmother had not established that she had a parent-child relationship with the grandchildren, she was not entitled to formal visitation rights.

Upon reexamining the statute, the Wisconsin Supreme Court determined that only individuals who are not grandparents, great-grandparents, or stepparents must demonstrate that they had a parent-child relationship with the children in order to receive formal visitation rights. The ruling significantly lightens the burden for grandparents who seek visitation.

However, Wisconsin parents should not worry—the courts will not simply grant any request for visitation. The Wisconsin Supreme Court did clarify that ordering visitation will not infringe on parents’ rights to make decisions governing the care of their children. In every case, the court must determine the best interests of the children.

Grandparents who seek visitation through Wisconsin courts should be prepared to demonstrate that they have established and maintained (or have attempted to maintain) a relationship with their grandchildren.

If you have been unfairly denied visitation with your grandchildren, contact the Wisconsin family law attorneys at Bandle & Zaeske today to discuss your legal options. We serve clients in Washington County, Ozaukee County, and Waukesha County. To schedule a free consultation to discuss your possible case, call (414) 359-1424 or contact us online.

In a recent court decision from earlier this year, Wisconsin has elected to greatly expand grandparent visitation rights.

The individual states have varying positions on whether grandparents are entitled to certain rights, such as visitation with their grandchildren. In 2000, the United States Supreme Court ruled that the constitutional right of parents to direct the upbringing of their children may not be superseded by a third party’s request for visitation. In the underlying case, a mother sought to limit the amount of visits her children were having with their grandparents, but the lower court ruled against her, granting visitation in excess of what she had offered to the grandparents. In the Supreme Court case, Troxel v. Granville, the justices determined that such a ruling burdened the rights of parents to make decisions on behalf of their children. Although the court recognized that it is important for children to have a relationship with their grandparents, the decision-making power of parents should not be ignored.

However, in some situations, ordering grandparent visitation is appropriate. In April, the Wisconsin Supreme Court determined that grandparents, great-grandparents, and stepparents of children with divorced parents may seek visitation through the Wisconsin courts. For grandparents, Wisconsin law previously stated that, to seek visitation with a grandchild, a grandparent had to demonstrate that he or she had a “parent-like” relationship with the grandchildren.

In the Wisconsin case, a grandmother sought formal visitation rights through the court system. After her son went through a divorce, her former daughter-in-law began limiting the amount of time that she was able to spend with her grandchildren. The lower courts ruled that because the grandmother had not established that she had a parent-child relationship with the grandchildren, she was not entitled to formal visitation rights.

Upon reexamining the statute, the Wisconsin Supreme Court determined that only individuals who are not grandparents, great-grandparents, or stepparents must demonstrate that they had a parent-child relationship with the children in order to receive formal visitation rights. The ruling significantly lightens the burden for grandparents who seek visitation.

However, Wisconsin parents should not worry—the courts will not simply grant any request for visitation. The Wisconsin Supreme Court did clarify that ordering visitation will not infringe on parents’ rights to make decisions governing the care of their children. In every case, the court must determine the best interests of the children.

Grandparents who seek visitation through Wisconsin courts should be prepared to demonstrate that they have established and maintained (or have attempted to maintain) a relationship with their grandchildren.

If you have been unfairly denied visitation with your grandchildren, contact the Wisconsin family law attorneys at Bandle & Zaeske today to discuss your legal options. We serve clients in Washington County, Ozaukee County, and Waukesha County. To schedule a free consultation to discuss your possible case, call (414) 359-1424 or contact us online.