Category Archives: Third Party Visitation

Michels v. Kelsey

A grandparent must overcome a presumption in favor of a fit parent’s visitation decision with clear and convincing evidence that the parents’ decision is not in the child’s best interests.

Year: 2019 | State: WI

In Re Opichka

Trial court did not misuse its discretion in order visitation for grandparents where their daughter had died. There is not a difference between the quantity of “visitation” and the quantity of “physical placement”. Both are situations where the children go out of the custodial home. No equal protection violation by treating parents with a deceased spouse different from parents in an intact family.

Year: 2010 | State: WI

Lubinski v. Lubinski

Circuit court erred in ordering an injunction to enforce father’s placement during military deployment as physical placement rights are not transferable and cannot be delegated to his new wife. Court also erred in awarding step mother visitation. The trial court did not give deference to mother’s visitation decisions as mandated under Rogers.

Year: 2008 | State: WI

F.R. v. T.B.

Trial court did not exceed discretionary authority where it awarded grandmother expansive visitation right. Such order did not violated father’s fundamental liberty rights as father maintained most decision making authority. However, trial court exceeded its authority when it ordered father to obtain psychotherapeutic treatment for child.

Year: 1999 | State: WI

In Re Custody of H.S.H-K

No custody action under ch. 767, but court has equitable power to protect child’s best interests by ordering visitation. Courts have jurisdiction in equity to act in the best interests of a child. Court can order visitation where petitioner has parent-like relationship and a significant triggering event justifies state intervention.

Year: 1995 | State: WI

Marquardt v. Hagemann-Glascock

Continuing obligation by father to pay child support does make a paternity action an underlying action allowing a grandmother to petition for visitation. Unless there is a previous filed action which threatens to expose children to the trauma of a dissolving family, the state cannot interfere with parents’ decision.

Year: 1994 | State: WI

In Re Custody of Noonan

Visitation under §767.245(1) denied to “significant other” where mother died, father remarried and stepmother adopted. No underlying action.

Year: 1992 | State: WI

In Re Interest of Z.J.H.

Lesbian partner cannot petition for custody or visitation despite written contract with mother. Petition for “significant other” visitation can only be filed where a valid action affecting the family has been filed.

Year: 1990 | State: WI

Van Cleve v. Hemminger

Grandparent visitation statute applies only when an action affecting the family is already pending.

Year: 1987 | State: WI