If you are seeking custody of a child but are not the biological parent, the law treats you as a third party. As child custody lawyers know, special considerations exist when courts evaluate such petitions. The following explores how Wisconsin courts handle these cases.   

What Is Child Custody?

Generally, the definition of child custody is the legal right of an individual, usually the biological parent, to have the child live with them and make decisions about their medical care, education, discipline, and religious upbringing. In custody matters, the Wisconsin Constitution favors biological parents. 

Who Is a Third Party Under Wisconsin Law?

The third-party visitation statute, Wis. Stat. section 767.43, gives certain individuals the opportunity to seek visitation with a minor. This law covers grandparents, great-grandparents, stepparents, and other individuals who have maintained a relationship similar to one between a parent and child. No one under this statute has a right to visitation. The decision is always within the court's discretion.

If a court awards third-party visitation, it does not give the individual the status equal to parental custody. The court retains the right to nullify the award at any time and return the child to the biological parent. 

Under What Circumstances Can a Third Party Seek Custody?

Alternatively, a court may grant third-party custody if the parents are absent, mentally or physically incapacitated, or incarcerated. A third party seeking legal and physical custody can obtain the parents' consent by a power of attorney. Alternatives under Wisconsin law include pursuing one of four types of guardianship or seeking adoption. Consulting a child custody lawyer can help you make the most effective case.

If you need help with a child custody issue, consult an attorney at O’Neill Law Firm LLC. Backed by more than 22 years of family law experience, these child custody lawyers help clients, including parents, grandparents, and stepparents in La Crosse, WI, navigate the complex laws. They offer skill, professionalism, and compassion to every client, regardless of circumstances. To learn how they can help you, visit the firm online. Call (608) 519-3551 to schedule a free consultation. Read reviews from their former clients on Google.