– from James O. in Polk, WI

Question Details:

My wife received full custody of our child and doesn't want my family to have any contact with my daughter. However, my daughter was really close to my brother and his own daughter. Would they be able to receive any type of visitation privilege?

Family Law Attorney Response:

It is possible for other family members to receive visitation rights, however I would request that your brother contact me directly for a consultation.

The case F.P.R. v. J.M. (In re Custody of D.M.M.) 137 Wis.2d 375, 404 N.W.2d 530 (1987) reversed an earlier case which stated that legislature intended for only grandparents and great-grandparents to receive visitation rights. The court of appeals in F.P.R. stated that the grandparent language of sec. 767.245 from legislature is unlikely intended to limit visitation to only grandparents and great-grandparents. However, there must be substantial evidence to prove this.

Learn more about third party custody here.

Please have your brother contact me so we can set up a request for visitation rights.

Trisha Festerling, J.D.

Family Law Attorney

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