54.56

54.56 Visitation by a minor’s grandparents and stepparents.

54.56(1)

(1) In this section, “stepparent” means the surviving spouse of a deceased parent of a minor, whether or not the surviving spouse has remarried.

54.56(3m)

(3m)

54.56(2)

(2) If one or both parents of a minor are deceased and the minor is in the custody of the surviving parent or any other person, a grandparent or stepparent of the minor may petition for visitation privileges with respect to the minor, whether or not the person with custody is married. The grandparent or stepparent may file the petition in a guardianship or temporary guardianship proceeding under this chapter that affects the minor or may file the petition to commence an independent action under this chapter. Except as provided in sub. (3m), the court may grant reasonable visitation privileges to the grandparent or stepparent if the surviving parent or other person who has custody of the minor has notice of the hearing and if the court determines that visitation is in the best interest of the minor.

54.56(3)

(3) Whenever possible, in making a determination under sub. (2), the court shall consider the wishes of the minor.

54.56(3m)(a)

(a) Except as provided in par. (b), the court may not grant visitation privileges to a grandparent or stepparent under this section if the grandparent or stepparent has been convicted under § 940.01 of the first-degree intentional homicide, or under § 940.05 of the 2nd-degree intentional homicide, of a parent of the minor, and the conviction has not been reversed, set aside or vacated.

54.56(3m)(b)

(b) Paragraph (a) does not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the minor. The court shall consider the wishes of the minor in making the determination.

54.56(4m)

(4m)

54.56(5)

(5) This section applies to every minor in this state whose parent or parents are deceased, regardless of the date of death of the parent or parents.

54.56(4)

(4) The court may issue any necessary order to enforce a visitation order that is granted under this section, and may from time to time modify the visitation privileges or enforcement order for good cause shown.

54.56(4m)(a)

(a) If a grandparent or stepparent granted visitation privileges with respect to a minor under this section is convicted under § 940.01 of the first-degree intentional homicide, or under § 940.05 of the 2nd-degree intentional homicide, of a parent of the minor, and the conviction has not been reversed, set aside or vacated, the court shall modify the visitation order by denying visitation with the minor upon petition, motion or order to show cause by a person having custody of the minor, or upon the court’s own motion, and upon notice to the grandparent or stepparent granted visitation privileges.

54.56(4m)(b)

(b) Paragraph (a) does not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the minor. The court shall consider the wishes of the minor in making the determination.