My daughter has a 7 yr old son with a man that was seeing his son but since March decided to stop. He is now in jail, and is facing prison time.His parents took my daughter to court in September for visitation. My daughter offered one day a week to which the judge decided was fair.The grandparents immediately got a lawyer, because they did not agree with the judge, and wanted more visitation. Today, my daughter, again had to go to court, without legal council, because she cannot afford a lawyer, and was near tears as she left the courtroom. A Guardian ad litem has been appointed to her son. Her son's father and parents never got along and always fought, usually putting this child in the middle. Now, suddenly he feels his parents should have visitation of his son by writing a statement to his parents attorney requesting to the judge that he allow them visitation. This man and his parents are all of questionable character. How can I help my daughter? We don't know laws and rules. Advice
There is a statute in Wisconsin that allows the court to consider third party visitation. It is so called "the grandparent's statute." There is a leading US Supreme Court case, Troxell v. Granville, and that case basically stands for the proposition that a parent's preference to refusing grandparent visitation is paramount over the grandparent's desire to have visitation; to have state involvement in such matters, there has to be special concern to override the wishes of the mother or father against grandparent or other third party visitation. Obviously, the best interests of the child come to mind. If the grandparents don't overreach with their request to allow some limited visitation and contact with the child, the court more likely than not,will allow it. If the grandparents over reach and want to substitute the father's time for their time, more likely than not, they will probably be shot down. The fact that there is a guardian ad litem, under Wisconsin law, is necessary, so the child has an advocate in court to determine whether the visitation should be allowed and whether that is in the child's best interest. Is there a particular reason why your daughter does not want to allow the paternal grandparents any visitation?
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