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Wisconsin Grandparents Visitation Rights

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    Types

    • Two types of situations exist in which grandparent visitation is permitted under the provisions of Wisconsin law. A grandparent legally can seek visitation with a grandchild when a parent of that grandchild is deceased. Additionally, a grandparent is able to seek visitation in the event of a divorce of the grandchild's parents.

    Considerations

    • The primary consideration undertaken by a court pursuant to the provisions of Wisconsin law is determining whether grandparent visitation is in the best interests of the grandchild. The factors taken into account include the pre-existing relationship the child maintained with the grandparent as well as the overall mental and physical fitness of the grandparent and the child.

    Objection by Parent

    • Wisconsin law does permit a parent to lodge an objection to a grandparent's request for visitation. Despite being able to object, the position of the parent is not determinative of whether grandparent visitation is granted. Indeed, the one of the reasons behind grandparent visitation rights in Wisconsin statutes is to bypass parents who unreasonably or unnecessarily deny contact behind a child and her grandparent.

    Interference with Grandparent Visitation

    • Grandparents in Wisconsin can seek judicial enforcement of their rights to visitation. If a parent interferes with a grandparent's court approved visitation, the grandparent can file a motion with the court seeking enforcement of the existing order. If a parent persists in interfering with grandparent visitation, the court can hold him in contempt and impose other sanctions, including monetary penalties.

    Expert Assistance

    • Establishing and enforcing grandparent visitation involves complex Wisconsin laws and procedures. If you desire to establish grandparent visitation, consider engaging the services of an attorney to represent your interests. The State Bar of Wisconsin maintains a directory of attorneys in different practice areas, including lawyers experienced in family law. Contact the organization at:

      State Bar of Wisconsin
      5302 Eastpark Blvd.
      Madison, WI 53718-2101
      608-257-3838
      800-728-7788
      wisbar.org

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