Wisconsin law allows third parties who are not a child’s biological parents to seek and obtain visitation rights in certain cases. Eligible parties include the child’s grandparents, stepparents or other people who have established a parent-like relationship with the child.
Some people who have these relationships to a child are normally not eligible to receive visitation rights, however. People who have been convicted of first or second-degree murder of the child’s parents are unable to be granted visitation unless they are able to prove by clear and convincing evidence that such visitation would be in the child’s best interests. The court considers the preference of the child in those cases.
Grandparents may be granted visitation in cases in which the child’s parents were never married to each other, if the child’s paternity has been established and the grandparents are the father’s parents and in cases in which the child has not been adopted. Additionally, the grandparents must have maintained a relationship with the child or has attempted to continue to maintain one but has been prevented from doing so by the parent with legal custody. Finally, the court must find that the grandparent visitation would be in the best interests of the child.
Third parties, including grandparents, are able to seek and obtain visitation rights in some cases in Wisconsin. When a grandparent, stepparent or other third party has previously established a close relationship to a child and the custodial parent will not allow them to see the child, they may wish to petition the court who issued the custody order for visitation rights. People in that situation may benefit by meeting with a family law attorney who may be able to help them prove to the court that visitation is in the best interests of the child.
Source: Wisconsin State Legislature, “767.43 Visitation rights of certain persons.“, October 30, 2014
