Protect Your Right To Be Involved In Your Grandchild’s Life
The relationship between a grandchild and a grandparent can be one of the most meaningful connections in your life. Sometimes, a grandparent is cut off from their grandchildren after a divorce. As a grandparent, you have the right to take legal steps to maintain contact with your grandchildren through visitation rights, custody or guardianship of your grandchild.
If you are kept away from your grandchildren, don’t hesitate to assert your rights as an important part of their lives. You don’t deserve to be isolated from them. At O'Neill Law Firm in La Crosse, our attorney can help you fight back and secure your rights to see your grandchildren in Western Wisconsin. Whether in the courtroom or settling before trial, you can rely on our experienced grandparents’ rights attorney to fight for you.
Your Grandchildren Need You; Don’t Let Anyone Keep You Away
Visitation rights granted to grandparents or other family members commonly happen when a child’s family is not intact. In these instances, the court determines they need contact with family members to maintain their best interests and help them become well-adjusted and healthy adults. The court can also grant visitation rights when a child is placed in foster care or the parents prevent the grandparents from seeing the child.
Wisconsin courts recognize the right of grandparents to file for visitation. When you petition a court for visitation, the most important thing to prove is that the visitation would be in the child’s best interests.
Courts will consider several factors in making that determination, including:
- The child’s relationship with the grandparent
- The grandparent’s relationship with the parent
- Amount of contact with the grandchild and the last contact
- How visitation time will impact the child’s time with their parents
At O'Neill Law Firm, we aggressively advocate for grandparents’ right to see their grandchildren. With decades of experience helping clients in different areas of family law, we know how emotional and contentious these situations can be. Our attorney is client-focused and driven to help you get what you need.
Frequently Asked Questions About Grandparents’ Rights
When you are new to this process, not knowing where you stand only adds to the stress. We hear these questions early in nearly every conversation, and we want you to have the clear answers you deserve.
Do grandparents have legal custody rights in Wisconsin or only visitation rights?
Wisconsin grandparents can pursue both visitation and custody, but courts treat grandparent custody as an exceptional step. A judge will only consider it when clear evidence shows the parents cannot adequately care for the child or that living with grandparents serves the child’s best interests. For most grandparents, pursuing visitation is the more accessible first step.
Visitation gives you the right to spend scheduled time with your grandchild, but it does not give you the authority to make decisions about the child’s education, healthcare or daily life. Custody goes further and involves legal decision-making rights and, in some cases, physical placement of the child in your home.
Can grandparents get visitation rights if the parents are still married?
Wisconsin law allows grandparents to petition for visitation in limited situations when parents are married such as when the grandparent’s own child has died. A court will look at whether contact with you genuinely serves the child’s best interests before granting an order.
Family conflict between a grandparent and the child’s parents can factor into the court’s review, but a judge will need to see real evidence that your relationship with your grandchild benefits the child before ordering visitation over a parent’s objection.
What can I do if I am being denied access to my grandchildren in Wisconsin?
Losing access to your grandchildren can feel overwhelming, and knowing where to start is not always clear. Wisconsin law provides legal options for grandparents in this situation, and these steps can help you move forward:
- Understand your rights: Wisconsin law allows grandparents to petition the court for visitation under certain circumstances, even when parents object.
- Document contact attempts: Keep a written record of calls, messages and any visits that parents have blocked or not responded to.
- Seek legal guidance: A family law attorney can review your circumstances and advise you on whether you have grounds to file a petition.
- Pursue court intervention: If direct efforts fail, filing a formal petition puts your case before a judge who can order contact.
Taking action early can strengthen your position, and we are here to help you explore your legal options to maintain contact with your grandchild.
We Can Help You Protect Your Grandchildren
We know how important your grandchildren are to you, and we want to help secure your right to see them. Don’t let yourself get ignored or pushed aside by the legal system or by the child’s parents. Contact us at 608-519-4816 or fill out an online contact form to schedule a free consultation.