Visitation Rights

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WI Supreme Court

Case Name: S.A.M. et al v. Nancy M. Meister

Case No.: 2014AP1283

Focus: Visitation Rights

Grandparent who files a motion for visitation rights does not have to prove a parent-child relationship.

“Applying this interpretive methodology, we conclude that the phrase “who has maintained a relationship similar to a parent-child relationship with the child” applies only to an otherwise undefined “person” who petitions for visitation rights under Wis. Stat. § 767.43(1), not to a grandparent, greatgrandparent, or stepparent. A grandparent, greatgrandparent, or stepparent need not prove a parent-child relationship to succeed on a petition for visitation. By this we mean that “maintain[ing] a relationship similar to a parentchild relationship with the child” is not the sine qua non of a visitation petition by a grandparent, greatgrandparent, or stepparent under § 767.43(1). It is, however, the sine qua non for a petitioner who is not a grandparent, greatgrandparent, or stepparent under § 767.43(1).”

CONCURRED: ABRAHAMSON, J. concurs ZIEGLER, J., joined by GABLEMAN, J. concur

DISSENTED: NOT PARTICIPATING: BRADLEY, R. G., J. did not participate

Reversed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.