Wis. Stat. § 48.9795
This is the official text of Wis. Stat. § 48.9795, part of Wisconsin’s Wisconsin Statutes — the complete compiled statutory law of Wisconsin, organized into numbered chapters by subject.
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Official statutory text
1. Except as provided in subd. 2. , the court may not grant visitation privileges to a grandparent or stepparent under this subsection if the grandparent or stepparent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside, or vacated.
2. Subdivision 1. does not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making the determination.
(d) The court may issue any necessary order to enforce a visitation order that is granted under this subsection, and may from time to time modify the visitation privileges or enforcement order for good cause shown.
(dm)
1. If a grandparent or stepparent granted visitation privileges with respect to a child under this subsection is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside, or vacated, the court shall modify the visitation order by denying visitation with the child upon petition, motion, or order to show cause by a person having custody of the child, or upon the court’s own motion, and upon notice to the grandparent or stepparent granted visitation privileges.
2. Subdivision 1. does not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making the determination.
(e) This subsection applies to every child in this state whose parent or parents are deceased, regardless of the date of death of the parent or parents.
(13) Prohibiting visitation if parent kills other parent.
(a) Except as provided in par. (b) , a court may not grant to a parent of a child who is the subject of a proceeding under this section visitation rights with the child if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child’s other parent, and the conviction has not been reversed, set aside, or vacated.
(b) Paragraph (a) does not apply if the court determines by clear and convincing evidence that visitation would be in the best interests of the child. The court shall consider the wishes of the child in making the determination.
History: 2019 a. 109 ss. 21 , 32 , 33 ; 2021 a. 240 s. 30 .
2. Subdivision 1. does not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making the determination.
(d) The court may issue any necessary order to enforce a visitation order that is granted under this subsection, and may from time to time modify the visitation privileges or enforcement order for good cause shown.
(dm)
1. If a grandparent or stepparent granted visitation privileges with respect to a child under this subsection is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside, or vacated, the court shall modify the visitation order by denying visitation with the child upon petition, motion, or order to show cause by a person having custody of the child, or upon the court’s own motion, and upon notice to the grandparent or stepparent granted visitation privileges.
2. Subdivision 1. does not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making the determination.
(e) This subsection applies to every child in this state whose parent or parents are deceased, regardless of the date of death of the parent or parents.
(13) Prohibiting visitation if parent kills other parent.
(a) Except as provided in par. (b) , a court may not grant to a parent of a child who is the subject of a proceeding under this section visitation rights with the child if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child’s other parent, and the conviction has not been reversed, set aside, or vacated.
(b) Paragraph (a) does not apply if the court determines by clear and convincing evidence that visitation would be in the best interests of the child. The court shall consider the wishes of the child in making the determination.
History: 2019 a. 109 ss. 21 , 32 , 33 ; 2021 a. 240 s. 30 .
Status: in_force · Read it on the official government site
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