Grandparents typically form a loving bond with their grandchildren that benefits everyone involved. Unfortunately, those relationships are threatened when custodial parents prevent their children from seeing grandparents. At Hart Law Office, we understand the importance of maintaining this important relationship and are experienced in helping grandparents establish legal rights to spend time with their grandchildren on a regular basis, even over parental objections.
The Wisconsin Grandparent Visitation Statute gives grandparents a limited right to challenge a parent’s decision to prohibit or limit their access to their grandchildren. Parents have a constitutional right to determine who spends time with their sons and daughters. However, courts do have the ability to protect the child from parental decisions that endanger the child’s welfare or go against the youth’s best interests, as seen in the 2019 case of Michels v. Lyons. If you are a grandparent seeking visitation rights with your grandchild or grandchildren, our experienced family law attorneys can determine if you have a potential basis for legal relief. If a petition is warranted, we can represent you throughout the legal process.
The law on what a grandparent will need to show is changing and can be impacted by whether or not the parents of the grandchild were ever married. A grandparent will always have to show that the visitation is in the best interest of the grandchild. A grandparent may also have to show that a parent is not fit to make the decision of whether or not their child sees a grandparent. Because this is a changing area of the law it is important to consult with an attorney who is up to date.
It is rare for Wisconsin courts to grant custody of a child to that child’s grandparents, but it has happened. This might occur when there is a compelling reason to give the grandparents custody, such as when:
We can evaluate whether there is a case to be made to give grandparents custody of their grandchild. If there are appropriate legal grounds, we will present a detailed argument in support of such an order.
Hart Law Office helps Wisconsin grandparents pursue visitation and custody rights. Please call 414-271-1775 or contact us online to schedule a free initial consultation at our office in Milwaukee’s historic Third Ward. We offer weekend and evening appointments to better serve you.
Q: What is a divorce?
A: A divorce is the legal termination of marriage. All states require a spouse to identify a legal reason for requesting a divorce when filing the divorce papers with the court. The reasons given when filing are referred to as the grounds for divorce.Read More ›