Attorney Julia Bouianova delivered a presentation on grandparents’ rights in Wisconsin at the annual conference of the Wisconsin Public Health Association and Wisconsin Association of Local Health Departments and Boards on May 24, 2016 in Appleton, WI.
Attorney Bouianova’s presentation addressed how grandparents’ rights are derivative from parental rights. While not absolute, parents have a fundamental constitutional right to care, custody, and control of their children. That right is still 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 such as grandparents via a power of attorney, which is covered under Wis. Stat. § 48.979.
When guardianship of a minor is an issue, medical decision-making is a specific power that is either granted or not by a court.
To learn more about third party custody and grandparents’ rights, please reference:
- 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)
Please Note: 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 Attorney Julia Bouianova at (920) 261-7626.