A divorce, separation or the death of a parent can have repercussions for grandparents as well, and we’re often asked — what visitation rights do grandparents have in this state? If a parent denies the grandparents’ access to the children, what can a grandparent do?
Grandparent visitation rights are governed by the state. In Wisconsin, as long as a child’s emotional and physical needs are met, parents have the right to raise children according to their own standards and this includes determining whether a grandparent has the right to see the child(ren).
Grandparents can petition the court for visitation rights with their grandchildren if they have been denied access to the children. However, in order for a judge to grant visitation rights to grandparents, all of the following conditions must be met:
- The parents of the children were married and are now divorced or separated; the parents are not married; one of the parents is deceased
- The child(ren) is not adopted
- The grandparents maintained a relationship with the child(ren) prior to the event that resulted in a cessation of visits and/or tried to maintain a relationship with the child(ren) but was denied by the parent
- The grandparent will respect the parent’s decisions concerning emotional, educational, physical and spiritual wellbeing and not counter those decisions
- Visitation by the grandparent(s) must be in the best interests of the child
It’s important to understand the child(ren)’s best interests are the main concern of the court. In most cases where a grandparent had an established relationship with the children, the court will allow visitation upon the death of a parent or a divorce. That said, the judge will be the one to determine what defines reasonable visitation rights.
