Can a grandparent be barred from visitation in Wisconsin?

Full question:

I am a resident of Wisconsin. I am very much attached to my son’s daughter who is 3 years old. My son’s marriage is going through a rough patch now and so my daughter-in-law is not allowing me to visit or interact with my granddaughter. What is the legal remedy available to me?

  • Category: Divorce
  • Subcategory: Grandparents Visitation
  • Date:
  • State: Wisconsin

Answer:

In Wisconsin, a grandparent, great-grandparent, stepparent or person who has maintained a relationship similar to a parent-child relationship with the child can file a petition for visitation rights. The court may grant reasonable visitation rights if the parents have notice of the hearing and if the court determines that visitation is in the best interest of the child. The provisions in this regard is provided in Wis. Stat. § 767.43, which reads as follows: In Wisconsin, a grandparent, great-grandparent, stepparent or person who has maintained a relationship similar to a parent-child relationship with the child can file a petition for visitation rights. The court may grant reasonable visitation rights if the parents have notice of the hearing and if the court determines that visitation is in the best interest of the child. The provisions in this regard  is provided in Wis. Stat. § 767.43, which reads as follows:
 
“(1) PETITION, WHO MAY FILE.
Except as provided in subs. (1m) and (2m), upon petition by a grandparent, greatgrandparent, stepparent or person who has maintained a relationship similar to a parent-child relationship with the child, the court may grant reasonable visitation rights to that person if the parents have notice of the hearing and if the court determines that visitation is in the best interest of the child.
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(2) WISHES OF THE CHILD.
Whenever possible, in making a determination under sub. (1), the court shall consider the wishes of the child.
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“(1) PETITION, WHO MAY FILE.
Except as provided in subs. (1m) and (2m), upon petition by a grandparent, great-grandparent or person who has maintained a relationship similar to a parent-child relationship with the child, the court may grant reasonable visitation rights to that person if the parents have notice of the hearing and if the court determines that visitation is in the best interest of the child.
***
(2) WISHES OF THE CHILD.
Whenever possible, in making a determination under sub. (1), the court shall consider the wishes of the child.
***”
 

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Setting boundaries with a mother-in-law can help maintain a healthy relationship. Clearly communicate your expectations regarding visits, involvement in parenting decisions, and personal space. It's important to discuss these boundaries with your partner to ensure you present a united front. Be respectful but firm in your approach, and consider discussing specific topics that may cause tension, such as childcare practices or family traditions.