Grandparents' Case Raises Hard Questions

By Gregg Herman
As it appeared in the Feb. 1, 2010
Edition of the Wisconsin Law Journal

Grandparents' rights are a tricky issue. On the one hand, the U.S. Constitution protects the rights of fit parents to make decisions regarding their children without interference from the courts. (Troxel v. Granville 530 U.S. 57 (2000).)

Wisconsin courts have read into our statutes a requirement that circuit courts must presume that a fit parent's decision regarding grandparent visitation is in the best interest of the child. (In re Paternity of Roger D.H., 2002 WI App 35, 250 Wis. 2d 747, 641 N.W.2d 440.)

On the other hand, one's heart has to go out to grandparents who have lost a child through death and then run the risk of losing their grandchildren due to the capriciousness of the surviving parent.

Yet, both sides cannot be right.

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Articles by Gregg Herman

Gregg Herman has written extensively on family law issues in such noted publications as Wisconsin Law Journal, Divorce Litigation, Wisconsin Journal of Family Law and Wisconsin Lawyer Magazine. Articles in his current archive tackle topics such as collaborative divorce, custody, and child support, as well as commentary on important Wisconsin cases involving family law issues.

Gregg is also the editor for FamLaw Update, a free e-mail list service published by Loeb & Herman. Sign up today!

Articles By Leonard Loeb

Attorney Leonard Loeb served as president of the State Bar of Wisconsin from July 1999-June 2000. Over his term, the organization and Wisconsin's legal community faced a variety of challenges, including early debate over multidisciplinary practice and reform of the state's attorney discipline system. His "President Perspective" column in the Wisconsin Lawyer Magazine offered a remarkable opportunity for him to speak candidly to his colleagues on the changing nature of the law, the responsibilities and duties of attorneys to their clients and the role of the State Bar of Wisconsin in leading the profession into the next century. We have gathered them here.