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Grandparents Visiting Rights & Laws in Wisconsin

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    Grandparents' Previous Relationship with Grandchildren

    • Wisconsin courts may grant visitation rights to grandparents (or other third-parties) to see their grandchildren if the grandparents had a relationship with the child before the divorce, if the court determines that grandparent visitation serves the child's best interests and if the parents receive notification of the grandparents' petition for visitation to allow them, if desired, to respond.

    Children's Wishes Considered

    • Wisconsin courts will consider the wishes of the child whenever possible regarding visitation with the child's grandparents.

    Rights to Visitation in Case of Adoption

    • Wisconsin law includes the rights of the grandparents for visitation even if new parents adopt the child (if a new spouse or new parents adopt the child).

    Proof of Previous Relationship

    • When petitioning, Wisconsin grandparents must demonstrate that they have maintained a relationship with the child within two years of their petition for visitation rights and must verify that they will not undermine the parents' relationship with the child through their visits, whether or not the child lives with biological or adoptive parents.

    Visitation Rights in Cases of Unmarried Parents

    • The Wisconsin courts will uphold grandparent visititation rights even if the parents did not marry, as long as genetic testing verifies that the child is, in fact, the offspring of the grandparents' child.

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