Can grandparents claim visitation rights in Wisconsin?
Full Question:
We reside in Wisconsin. Our son has a 2-year-old non-marital child. The child is with a caregiver. We would like to have visitation of our grandchild. Is it possible for us to get special visitation rights in Wisconsin?
01/18/2017 |
Category: Minors ยป Grandparent ... |
State: Wisconsin |
#30504
Answer:
“***
(2m) WHEN SPECIAL GRANDPARENT PROVISION APPLICABLE.
Subsection (3), rather than sub. (1), applies to a grandparent requesting visitation rights under this section if sub. (3) (a) to (c) applies to the child.
(3) SPECIAL GRANDPARENT VISITATION PROVISION.
The court may grant reasonable visitation rights, with respect to a child, to a grandparent of the child if the childs parents have notice of the hearing and the court determines all of the following:
(a) The child is a nonmarital child whose parents have not subsequently married each other.
(b) Except as provided in sub. (4), the paternity of the child has been determined under the laws of this state or another jurisdiction if the grandparent filing the petition is a parent of the childs father.
(c) The child has not been adopted.
(d) The grandparent has maintained a relationship with the child or has attempted to maintain a relationship with the child but has been prevented from doing so by a parent who has legal custody of the child.
(e) The grandparent is not likely to act in a manner that is contrary to decisions that are made by a parent who has legal custody of the child and that are related to the childs physical, emotional, educational or spiritual welfare.
(f) The visitation is in the best interest of the child.
(3c) ACTION IN WHICH PETITION FILED; ALTERNATIVES.
A grandparent requesting visitation under sub. (3) may file a petition to commence an independent action for visitation under this chapter or may file a petition for visitation in an underlying action affecting the family under this chapter that affects the child.
(3m) PRETRIAL HEARING; RECOMMENDATION.
(a) A pretrial hearing shall be held before the court in an action under sub. (3). At the pretrial hearing the parties may present and cross-examine witnesses and present other evidence relevant to the determination of visitation rights. A record or minutes of the proceeding shall be kept.
(b) On the basis of the information produced at the pretrial hearing, the court shall evaluate the probability of granting visitation rights to a grandparent in a trial and shall so advise the parties. On the basis of the evaluation, the court may make an appropriate recommendation for settlement to the parties.
***”
In Wisconsin, a grandparent may file a petition to commence an independent action for visitation or may file a petition for visitation. The court may grant reasonable visitation rights to a grandparent of the child, if the child’s parents have notice of the hearing. The statutory provisions in this regard have been provided in Wis. Stat. § 767.43, that reads as follows:
“***
(2m) WHEN SPECIAL GRANDPARENT PROVISION APPLICABLE.
Subsection (3), rather than sub. (1), applies to a grandparent requesting visitation rights under this section if sub. (3) (a) to (c) applies to the child.
(3) SPECIAL GRANDPARENT VISITATION PROVISION.
The court may grant reasonable visitation rights, with respect to a child, to a grandparent of the child if the childs parents have notice of the hearing and the court determines all of the following:
(a) The child is a nonmarital child whose parents have not subsequently married each other.
(b) Except as provided in sub. (4), the paternity of the child has been determined under the laws of this state or another jurisdiction if the grandparent filing the petition is a parent of the childs father.
(c) The child has not been adopted.
(d) The grandparent has maintained a relationship with the child or has attempted to maintain a relationship with the child but has been prevented from doing so by a parent who has legal custody of the child.
(e) The grandparent is not likely to act in a manner that is contrary to decisions that are made by a parent who has legal custody of the child and that are related to the childs physical, emotional, educational or spiritual welfare.
(f) The visitation is in the best interest of the child.
(3c) ACTION IN WHICH PETITION FILED; ALTERNATIVES.
A grandparent requesting visitation under sub. (3) may file a petition to commence an independent action for visitation under this chapter or may file a petition for visitation in an underlying action affecting the family under this chapter that affects the child.
(3m) PRETRIAL HEARING; RECOMMENDATION.
(a) A pretrial hearing shall be held before the court in an action under sub. (3). At the pretrial hearing the parties may present and cross-examine witnesses and present other evidence relevant to the determination of visitation rights. A record or minutes of the proceeding shall be kept.
(b) On the basis of the information produced at the pretrial hearing, the court shall evaluate the probability of granting visitation rights to a grandparent in a trial and shall so advise the parties. On the basis of the evaluation, the court may make an appropriate recommendation for settlement to the parties.
***”