In Re Paternity of Roger D.H.


2002 WI App 35, 250 Wis. 2d 747, 641 N.W.2d 440 (WI Ct. App., 2002)


Wis. Stat. §767.245 does not require a showing of parental unfitness before a court can override a parent’s decision regarding grandparent visitation. Troxel requires only a presumption that fit parents act in the best interests of their children, but allows a state court to read this presumption into a statute silent on this topic. Therefore, when applying §767.245(3), circuit courts must presume that a fit parent’s decision regarding grandparent visitation is in the best interest of the child. [Holding modified by Michels vs. Lyons, 2019 WI 57]

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