Yes. A legal guardian can deny visitation in Wisconsin in some cases, because a full guardian of a child has authority to decide reasonable visitation, subject to any court order. The guardian’s decision is presumed to be in the child’s best interests, but a parent or other interested person can ask the court to review it or set visitation rules.
Whether a legal guardian can deny visitation in Wisconsin depends on the guardianship order. Under Wis. Stat. § 48.9795, a full guardian has, subject to a court order, the authority to determine reasonable visitation. A limited guardian has only the powers listed in the order. A parent keeps every parental right not assigned to the guardian or limited by statute or court order. Our guide to becoming a guardian for a minor in Wisconsin explains each type of guardianship.
When it appoints a guardian, the court can set rules for parental visitation. Otherwise, the guardian’s visitation decision is presumed to be in the child’s best interests, and the person challenging it must meet a high standard of proof. If a guardian fails to follow a court order, the court can step in by setting visitation rules, changing the guardian’s authority, or removing the guardian.
Grandparents and stepparents have their own ways to ask a court for visitation, including when a parent has died, and the court decides based on the child’s best interests. See grandparents’ custody rights in Wisconsin.
Start by reading the guardianship order. If it sets visitation and the guardian ignores it, keep records and ask the court to review the guardian’s conduct. If it does not, you can ask the court to modify the order when circumstances have changed, or a parent can ask the court to end the guardianship. Learn how guardianship differs from adoption in Wisconsin.
Renier Hotopp Law Offices helps parents, grandparents, and guardians settle disputes over whether a legal guardian can deny visitation in Wisconsin through our Wisconsin family law attorney services. Read more about the firm.
