Visitation in Divorcing or Divorce Cases
In order for a person who is not the parent of a child to be granted child visitation rights in a situation where the parents are or were previously married, they must meet three requirements:
- The parents must have been married to each other and are either divorced or a divorce is pending before the court.
- The person petitioning the court must fall into any of the following categories to have standing, or the right, to petition the court:
- A grandparent
- A great grandparent
- A stepparent
- A person who has maintained a relationship with the child similar to a parent-child relationship
- Once it is determined that the person petitioning the court has standing, that person must show that visitation is in the child’s best interests, which is shown through several statutory factors.
Visitation in Paternity Cases
The standard is somewhat different in paternity cases. In these cases, grandparents may petition for visitation if the child has not been adopted. The grandparent must also have maintained a relationship with the child or attempted to maintain a relationship with the child. Additionally, the grandparents must show that visitation is in the children’s best interests and that they (the grandparents) are not likely to act contrary to the decisions made by the child’s legal custodian.
Visitation in the Case of One Parent’s Death
In the case of one parent’s death, grandparents and stepparents may petition the court for visitation if the child is left in the custody of the surviving parent or another guardian. In these situations, the petitioner only has to prove that visitation is in the child’s best interests when considering the child’s wishes.
Contact Us for a Consultation With One of Our Lawyers for Child Visitation Rights
If you are a grandparent or stepparent and would like to petition for visitation with a grandchild or child, our experienced family law attorneys can help! Also, our team can guide you through the legal process and advocate for your child’s visitation rights. For a no-obligation consultation with one of our family law attorneys at Doar, Drill & Skow, call 877-890-3521 toll-free or contact us online. Located in New Richmond, we serve clients throughout western Wisconsin.
