Visitation Rights of Non-Parents
This packet may be used by individuals who are not parents of a child to seek visitation rights as described in Wisconsin Statute 767.43. The marital status of the child’s parents determines the procedure and eligibility for those seeking rights. If you are seeking visitation rights to more than one child and those children do not have the same parents, you must file separate actions for each child.
The following individuals may seek visitation rights to a child if the child is:
1. A Marital Child (child whose parents were ever married to each other)
- Grandparents,
- Great grandparents,
- Stepparents,
- Other persons who have maintained a relationship with the child similar to a parent-child relationship
* A new case must be filed
2. A Non-Marital Child (child whose parents have never been married to each other)
- Grandparents
* Open a new case file or file within an existing case affecting the family of the child. This packet follows a Waukesha County Family Court procedure that directs individuals to open a new case file. If you choose to file within an existing case please seek legal assistance.
Laws that govern the Family Court and Visitation Rights of Certain Persons are very complex and change often. These forms are intended to be useful in many situations, but may not apply to your case, or may have to be changed in some way to fit your case. You are encouraged to seek legal assistance to verify that these forms are the most appropriate for your situation, as the Court Self-Help Center staff cannot give legal advice.
Below you will find the Instructions and all the forms you will need to get from the beginning to the end of this court process. You have the option to:
- Print the forms in PDF or
- Complete the Word Fillable forms on-line
Please keep in mind that not all forms are due at the same time. Review the Instructions (we recommend that you print it and keep it with your papers) to determine in what order to complete each form and other tasks required.
Hint: ONLY COMPLETE THE TASKS IN THE ORDER THEY ARE LISTED-Read ahead, but do not work ahead.
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