Attorney Julia Bouianova was
invited to speak at the Wisconsin Public Health Association – Wisconsin
Association of Local Health Departments and Boards (WPHA—WALHDAB) Annual
Conference in Appleton, Wisconsin.
Attorney Bouianova’s presentation
was titled “Grandparents’ rights in Wisconsin.”
In the
nutshell, grandparents’ rights are derivative from parental rights. Parents
have constitutional fundamental right to care, custody, and control of their
children. This right is not
absolute—it is subject to the requirement of parental fitness and the best
interest of the child.
A parent with legal custody of a child may delegate care, custody, and
control of the child to a third person via a power of attorney. Wis. Stat. §
48.979.
In a guardianship of a minor situation, medical decision-making is a
specific power that is either granted or not by a court.
STATUTORY LAW ON GRANDPARENTS’ VISITATION:
— Chapter
767, Actions Affecting Family (Wis. Stat. § 767.43)
— Chapter
48, Children’s Code (Wis. Stat. § 48.925)
— Chapter
54, Guardianships and Conservatorships (Wis. Stat. § 54.56)
* Each factual situation requires
uniquely tailored application of the law. For that reason, information that is
contained here does not constitute a legal advice. If you have any questions
about grandparents’ or the third persons’ rights, please contact Julia
Bouianova at (920) 261-7626.
