More details to this question:
My child has a grandma who is not of any relation to her, other than being legally her sister's grandmother. At my house she is called grandma, dad argues constantly to my child saying she is NOT her grandmother. This woman has been in the picture for 5 years consistantly, she does all grandparent roles plus more. Is there any way to make her legally my child's grandparent? For example if something was to happen to me, how will she be able to continue to care for my child as a grandparent? Be able to visit my child? We live in the state of Wisconsin.
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In order for a third party to have custody of a child, both parents would need to be found unfit or otherwise incapable of taking care of the child. The court would first look towards immediate family members, in the absence of your having a Will or Trust that would nominate this person who has acted in a "grandparent like" relationship to your child. Whether, she could obtain legal guardianship of the child over the father, or other immediate family members would probably be difficult for her in a legal challenge to your wanting her to have custody should something happen to you. Also, she can petition for visitation rights, under Wisconsin's so called "grandparent's statute," assuming there is an underlying family court action and further that you and or the father object to her seeing the child. That doesn't seem to be the case here from your post.
Answered on Jul 09th, 2018 at 6:30 AM
David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com