Grandparents’ Rights in Wisconsin Divorce Cases: What You Need to Know
February 6, 2026
Grandparents’ Rights in Wisconsin Divorce Cases: What You Need to Know
Written by the family law team at Kaminski & Pozorski – Manitowoc, Wisconsin
Serving families in Manitowoc, Sheboygan, Green Bay, Fond du Lac, Appleton and throughout northeastern Wisconsin.
Divorce is one of the most emotional and stressful events a family can face. In addition to dividing assets and determining custody, many grandparents wonder: “Do I have legal rights to see my grandchildren?” The answer isn’t always simple — especially in Wisconsin family law.
Do Grandparents Have Rights in Wisconsin?
The short answer: Wisconsin does not automatically grant custody or visitation rights to grandparents during a divorce — but under certain circumstances, they can ask the court for visitation.
Under
Wisconsin Statute § 767.43, the court may award
visitation rights to “another person,” which can include grandparents, but only when specific criteria are met.
When Can Grandparents Petition for Visitation?
Grandparents may petition for court-ordered visitation if one of the following applies:
📌 After Divorce or Legal Separation
If the parents are divorced, separated, or in the process of divorce, a grandparent may file a petition for visitation rights with the court.
📌 If a Parent Has Died
A grandparent may petition the court if their own child (the parent of the grandchild) has passed away.
📌 Established Relationship with the Child
A grandparent may be able to seek visitation if:
- The child has lived with the grandparent for a significant period, or
- There is a strong, pre-existing relationship similar to a parent-child bond.
However, grandparents do not have automatic rights, and even when they petition, the court must carefully consider whether visitation is appropriate.
The Court’s Main Consideration: Best Interests of the Child
When deciding whether to grant visitation, Wisconsin courts focus on what serves the best interests of the child. The court may consider:
- The strength and history of the relationship between the grandparent and child
- Whether ongoing contact would benefit the child emotionally and socially
- If denying visitation would harm the child’s well-being
At the same time, Wisconsin law also recognizes that fit parents have the fundamental right to decide who their children see and interact with. The court gives special weight to a fit parent’s decision — meaning grandparents must overcome a presumption that a parent’s decision is in the best interest of the child.
What Grandparents Cannot Do
It is important for grandparents and families to understand that:
- Grandparents generally cannot obtain custody simply because they want more time with their grandchildren.
- Courts will not usually intervene if both parents object to grandparent visitation and the family is intact.
- Special circumstances — such as neglect, abuse, or unfit parenting — may give grandparents more grounds to petition, but these cases require strong evidence and legal support.
Why You Need an Experienced Wisconsin Family Lawyer
Navigating grandparent visitation rights — especially during a divorce — can be legally complex and emotionally charged. Schools, workplaces, and family dynamics all factor into custody, visitation, and parenting time decisions.
At Kaminski & Pozorski, our family law attorneys have helped families in northeastern Wisconsin for over 40 years. We provide compassionate guidance, deep statutory knowledge, and thoughtful advocacy whether you are:
- Defending against a grandparent visitation petition
- Assisting a grandparent seeking visitation
- Navigating divorce and custody matters involving complex family relationships
✔️ We explain Wisconsin grandparents’ rights clearly.
✔️ We help you evaluate legal strategies that protect your family.
✔️ We represent you in negotiations and, if necessary, in court
Consult an Attorney Today
Grandparent rights issues in divorce and custody cases require a nuanced understanding of Wisconsin law and the family court system. If you have questions about your particular situation, call us at (920) 684-6694 or contact the law office online to schedule a free initial consultation.
Let our experienced team help you protect your family’s future.
If you’re going through a divorce in Wisconsin, you may be wondering: Can my spouse (or I) get more than half of our assets? The answer is yes — depending on the circumstances. Wisconsin is a marital property state , which means courts start with a 50/50 split. But that’s only a presumption , not a guarantee. Here’s when a spouse can get more than 50% in a Wisconsin divorce. When Courts Award More Than 50% of Assets Wisconsin judges can divide property unequally if an equal split would be unfair. Common reasons include: 1. Major Premarital Assets If one spouse entered the marriage with significantly more property, a court may award them a larger share. 2. Short Marriage Short-term marriages often result in uneven division, especially when one spouse contributed more financially. 3. Large Difference in Earning Capacity If one spouse earns far more or has greater future earning potential, the other may receive more than half. 4. Age or Health Issues A spouse facing disability, illness, or limited future income may receive a greater portion of assets. 5. Wasting or Hiding Assets If a spouse gambled, hid, or improperly spent marital funds, the other may be compensated with a bigger share. 6. Contributions to Career or Household Spouses who supported the other’s education, career, or stayed home with children may be awarded a larger portion. What About Inheritances or Gifts? Individual inheritances, gifts, and certain personal injury awards are normally excluded — unless they were mixed with marital funds, in which case they may be divided. Bottom Line A 50/50 division is the starting point, but Wisconsin courts can — and often do — adjust property division for fairness. Yes, a spouse can absolutely receive more than 50% of the assets. Contact Us If you’re in Manitowoc, Green Bay, Appleton, Sheboygan, Kewaunee, or the surrounding area and need assistance with holiday visitation, parenting plans, or family law matters, please contact Kaminski & Pozorski at (920) 684-6694 for a free consultation.
Navigating the Crossroads: Key Decisions When Considering Divorce in Wisconsin Deciding to end a marriage is one of the most significant and emotionally challenging choices a person can make. It involves careful consideration of personal, emotional, and legal factors. If you are in northeastern Wisconsin and contemplating divorce, understanding the legal landscape and your options is crucial for protecting your interests and your future. Kaminski & Pozorski , a local firm in Manitowoc with over 40 years of experience, specializes in guiding clients through these difficult times with both expert legal counsel and compassionate support. Critical Questions to Ask Yourself Before moving forward, take time for self-reflection and consider these essential questions: Have communication and trust broken down completely? While some issues can be resolved with counseling, a persistent lack of trust or an inability to communicate effectively can be strong indicators that the marital bond has irrevocably weakened. Are your fundamental values and future goals misaligned? People evolve, and sometimes spouses grow in different directions. If your core values or vision for the future are no longer compatible, divorce may be the most authentic path forward. How will this impact my well-being and my children? You must balance your own needs with the impact on others. Consider how the current marital stress affects your children and whether a different family dynamic, post-divorce, might be healthier for all involved. Have you exhausted all other options? For some, marriage counseling or a trial separation can provide the clarity needed to make a final decision. Am I prepared for the financial realities? Divorce can lead to a change in the standard of living or financial independence. Gathering information about your financial situation is a critical preparatory step. Legal Considerations in Wisconsin Wisconsin is a no-fault divorce state, meaning that the court does not consider marital misconduct (like affairs) when granting a divorce; the only requirement is that the marriage is irretrievably broken. However, significant legal issues remain to be addressed, including: Property Division: Wisconsin is a community property state, meaning assets acquired during the marriage are generally divided equally. Child Custody and Placement: The court's primary concern is always the best interests of the child when determining legal custody and physical placement schedules. Spousal Support (Alimony) and Child Support: These decisions are based on specific guidelines and individual circumstances. The Importance of Legal Guidance Deciding whether to divorce is a personal journey, but the process of a divorce requires experienced legal guidance. An attorney can help you understand your rights, navigate complex legal procedures, and advocate for your best interests. Kaminski & Pozorski often encourages clients to consult with them six to eight weeks before filing for divorce to help identify key issues early in the process. If you are in Manitowoc, Green Bay, Sheboygan, or the surrounding area and need assistance with family law matters, the team at Kaminski & Pozorski is ready to guide you through every step of the process. Contact their law firm today for a free consultation at (920) 684-6694 to confidentially discuss your options and determine the best path forward for you and your family.
At Kaminski & Pozorski in Manitowoc, Wisconsin, our family-law team has decades of experience guiding parents through the complex terrain of holiday visitation, custody agreements, and the unique challenges that arise during the end-of-year season.
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At a minimum, there is a mandatory 120-day waiting period between filing for divorce and the earliest possible finalization. However, unless you and your spouse have already reached a full agreement on all major issues, most divorces take significantly longer. There is much to work through from the initial filing to the final divorce decree.
Are you facing a family law issue in the state of Wisconsin? Whether you’re going through a divorce, dealing with child custody issues, or navigating a complex adoption process, it’s important to have a knowledgeable and experienced attorney on your side.
It is understandable that custody matters are often highly contested in family law, as both parents only want what is best for their children during a divorce. There is a common assumption that mothers will be granted primary custody, leading fathers to question their chances of being awarded custody and the legal landscape surrounding such requests in their state. In Wisconsin, child custody decisions are based on the child’s best interests, as outlined in statute 767.41(5). Factors considered include the child’s age, adjustment to home and community, parent-child relationship, promotion of a healthy relationship with the other parent, presence of domestic violence, and issues with drug or alcohol abuse. Importantly, parental gender is not a factor in determining custody, and there is no automatic assumption that the mother will be the primary custodian. Wisconsin law typically favors joint custody, where both parents are involved in major decisions like religion and schooling. However, the parent who can prove to have been the primary caregiver and have a close relationship with the child may have an advantage in court for primary placement, often resulting in mothers being awarded custody. Yet, this is not a legal presumption, and both parents must demonstrate that their proposed custody and parenting plans are in the child’s best interests. If a father can show that he is more suitable for primary placement, there is no legal barrier to him obtaining custody. For guidance on custody matters and how courts determine the child’s best interests, reach out to us for assistance in understanding your circumstances and taking the necessary steps to prioritize your child’s well-being. Contact us today for a consultation! Phone: (920) 684-6694 Email: info@kaminskiandpozorski.com Office Address: 846 North 8th Street, Manitowoc, WI
A parent navigating a divorce may not only experience the sorrow of their marriage ending and the strain of dividing assets and finances but also the concern of protecting their children throughout the process. While it may be impossible to completely shield your children from the emotional impact of a divorce, there are steps you can take to lessen the effect on them. You and Your Ex-Partner To reduce the stress divorce places on your children’s well-being, it’s crucial to take steps to minimize conflict between you and your ex-partner. A key starting point is agreeing to refrain from speaking negatively about the other parent in front of the children. This includes avoiding critical remarks to friends or family when the children are nearby. Even if your children seem distracted or occupied, they are often listening. Hearing negative comments about a parent can lead children to internalize the criticism. Furthermore, although you and your ex-partner are no longer married, your children still rely on both of you to treat each other respectfully and to reassure them that they are not responsible for the divorce. By cooperating and maintaining civility, you provide them with the stability and support they need. Prepare for Reactions When parents divorce, family dynamics shift dramatically, and children’s perceptions of themselves and their family can be affected. Like their parents, children must adjust to new living conditions. They may react to these changes in various ways. For instance, younger children may become confused and stressed by the disruption of their routine and may exhibit behavioral issues. Older children, while cognitively aware of the situation, may still feel guilty or blame themselves. It’s important to stay vigilant for signs of emotional distress and be ready to talk to your children or seek appropriate support to help them process their feelings. Consider a Non-Adversarial Process The way you choose to approach your divorce will significantly influence how your children are affected, both during and after the process. Opting for a non-adversarial divorce method is often less stressful for everyone, as it focuses on cooperation rather than conflict. For example, using mediation to settle divorce matters allows the parties to avoid hostile court proceedings and resolve their differences in a way that meets everyone’s needs. Those choosing a Collaborative Divorce agree to work together openly and amicably with the support of trained professionals, outside of the litigation system. This process helps the parties reach solutions that prioritize the well-being of the entire family. By choosing a cooperative path, you reduce conflict and make decisions that benefit your whole family. The end of a marriage affects every family member, including the children. However, there are ways to protect and support your children during and after the divorce. We have extensive experience assisting families through this challenging time and can offer the guidance and support you need. We are here to help. Contact us today for a consultation! Phone: (920) 684-6694 Email: info@kaminskiandpozorski.com Office Address: 846 North 8 th Street, Manitowoc, WI
