S. A. M. v. Meister

After Mother and Father divorced, Grandmother filed a motion seeking to visit her four grandchildren. The circuit court ultimately denied the motion, concluding that Grandmother failed to prove that she maintained “a parent-like relationship” with the children pursuant to Wis. Stat. 767.43(1). The children appealed, and the the court of appeals affirmed. The Supreme Court reversed, holding (1) section 767.43(1) does not require a grandparent, great-grandparent, or stepparent who files a motion for visitation rights to prove that he or she has maintained a parent-like relationship with the child, as the parent-child relationship element applies only to a person seeking visitation rights who is not a grandparent, great-grandparent, or stepparent; and (2) the legislature’s decision to allow courts to grant visitation rights to grandparents, great-grandparents, and stepparents when visitation is in the best interest of the child does not infringe on parents’ constitutional rights. View "S. A. M. v. Meister" on Justia Law