As a grandparent, you may wonder if you have certain rights when it comes to seeing your grandchildren and being a part of their lives. While some states do not offer grandparents any rights, Wisconsin does. The Wisconsin Legislative Council explains the court has the right to extend visitation to grandparents if it feels it is what is best for the child. However, the court must also consider the opinions and requests of the parents.
Your situation may be one where your child and the other parent were not married. If your child is the father, then paternity must be established. You may then be granted visitation by the court if you have had a relationship with the child or attempted to do so and you have not shown that you will try to undermine the parents’ decisions and choices for that child.
If your grandchild is adopted, then you may be able to get rights for visitation. This is only possible when the child is adopted by another relative or a stepparent. Again, you must have had an existing relationship with the child and not undermine the guardian or adoptive parents decisions regarding the child.
If your child has passed away, then you may also file for rights for visitation. In this case, the child’s opinions are considered. It also does not matter under whose care the child is in at this point. However, if the child is adopted, then your rights changed as mentioned above. This information is for educational purposes and is not intended as legal advice.