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Many Wisconsin grandparents raising their grandkids in recession

According to the most recent census data available, nearly three million children are being raised by their grandparents. That figure represents an 8 percent increase since the 2000 census. Much of the increase is being attributed to the bad economy over the past few years.

In fact, the increase in grandparent custody started in 2008 amid the recession and housing crisis. Many economists believe the housing crisis led to multiple generations of families sharing one roof. Then some parents needed to move to find employment elsewhere, leaving the children in the care of their grandparents. In other situations, the parents are very young and are either unable or unwilling to properly care for their children and grandparents fill the parental void.

There can be no doubt that generation gap issues can arise when a grandparent raises a child. Children assigned to do an Internet-based homework assignment may not find their grandparents are very familiar with the intricacies of the information superhighway. Conversely, grandparents may be baffled by their grandkids’ unwavering interest in Pokemon and Digimon. Despite differences in age, skill and interests, grandparents often make excellent caregivers.

However, in the past grandparents could very easily lose the right to visitation with their grandchildren if a parent’s parental rights were terminated. Thankfully, Wisconsin law recognizes the important bond between a grandparent and grandchild. Grandparents and great-grandparents who have maintained a relationship with a child similar to a parent-child relationship can request and receive visitation rights from a family law court when visitation is in the best interests of the grandchild.

Sources: Minnesota Public Radio, “Census: In recession, more grandparents raising grandkids,” Tom Robertson, 1/27/2011

Wisconsin Statutes Section 767.34

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Immigration status not relevant to custody, appeals court says

Should a mother’s status as an illegal immigrant have any bearing on whether she is entitled to custody of her child? That was the question faced recently by an appeals court in a child custody case watched closely by immigrants’ right advocates in Wisconsin and elsewhere. To the relief of many such advocates, the court concluded that immigration status had no bearing on the issue of custody.

The case involved a young mother who was an undocumented immigrant living in the United States. In 2009, after becoming an unwed mother at the age of 17, the woman moved in with her daughter’s paternal grandparents and continued to live with them until September 2011. At that time, after a fight with the grandmother, the mother moved out and took her daughter with her. This led to a custody battle between the mother and the grandparents.

The custody dispute proceeded to trial, at which the mother’s status as an illegal immigrant was called into question. Basing his decision at least in part on the mother’s immigration status, the trial judge awarded sole custody of the girl to her grandparents. Following an appeal, the court of appeals reversed the lower court decision and returned the girl to the custody of her mother.

A court generally decides child custody disputes by looking at what is in the best interests of the child. While custody may be awarded to a grandparent or someone other than the biological parent, typically there must a showing that the parent seeking custody is an unfit parent or that the child somehow would be in danger in the parent’s care. In this case, with the help of qualified legal counsel, the mother was able to convince the appeals court that her immigration status did not make her an unfit parent or endanger her daughter in any way.

Source: Star Tribune, “Immigration status not a factor in custody battle, Minnesota court says,” Abby Simons, April 8, 2013

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‘Grand families’ face unique legal issues

Society’s view of the “traditional” family — that is, father, mother, children — is of course a hot topic these days in family law, especially in wake of more and more states legalizing same-sex marriages. But another type of nontraditional family is often overlooked: the so-called grand family.

More and more children these days are being raised by their grandparents; in fact, this is the fastest-growing type of family in the United States. In Wisconsin, more than 70,000 children live in homes where the primary person in charge of the child’s well-being is one or both of the grandparents.

The reasons behind the increase of grand families are many and include everything from parental incarceration, drug abuse and divorce. Often, an endangered child’s biological grandparents will step in and adopt the child in lieu of getting protective services involved or dealing with a foster family. Besides the usual day-to-day challenges of parenting, grandparents may also face unexpected legal issues when it comes to their status as caregivers, which can also affect their grandchildren.

The law depends on family classification more than most people would assume. Grandparents who find themselves raising their grandchildren face a potential storm of legal issues. Family attorneys can work to prevent these legal problems from happening in the first place. For families, planning is one of the best ways to protect against future unforeseen circumstances.

For example, grandparents can use family attorneys to ensure that their grandchildren are legally tied to them and that this has occurred through the correct legal channels. Dealing with the challenges of parenthood is stressful enough, but having to worry about what might happen to your child just because the law doesn’t technically recognize your unique family can be staggering. A simple consultation with a family attorney could save hours and hours of emotional and financial headaches later on.

Source: Green Bay Press Gazette, “‘Grand families’ support group starting,” Sept. 27, 2012

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