Stillings & Buchinger, LLC

child custody - visitation

What is Visitation?

"Visitation" in this context is a court order specifying that a child is required to be able to "visit" with a particular person or persons.

For example, a court order granting visitation to grandparents might require parents to permit a grandchild (or grandchildren) to visit with the grandparents.

Court Visitation Orders

A court's vistation order can be very specific, such as when the order provides the specific dates and times upon which the visits are to occur, or they can be rather illusive, such as when the order provides that visits are to take place at least four times per year, on a certain number of holidays, or at a parent's discretion.

Visitation rights & legal rights

Remember that custody of a child involves two completely separate legal elements: legal custody of a child and physical placement of a child (often called physical custody).

While the term "visitation" is often used to refer to that period of time during which a child visits at the non-custodial parent's home, the legal definition of visitation differs substantially.

Visitation that is ordered by a court does not transfer nor allocate any legal rights to the child or children. The legal right that is granted in a visitation order is the right to "visit" with the child.

visitation duty to support

Under Wisconsin law, each parent has a duty to support their children. Here, duty to support means a duty to pay child support (or family maintenance). Court ordered visitation does not require, nor does it usually include an obligation to support the child.

Common sense may dictate that if a child is visiting with a grandparent, the child will be fed or bathed, as is applicable to the circumstances. In some cases, a grandparent might purchase clothing for the grandchild. All of these acts are construed as gifts to the child.

Seeking Visitation Rights

Wisconsin Guardianship laws have recently changed, and now provide added protection for Grandparent Visitation Rights with a child when one of the parents is deceased. Grandparent Visitation Rights lawsuits take many other factors into consideration, such as the existing family, whether the parents are married, or whether a paternity case exists.

Regardless of the circumstances involved in the situation surrounding your desire to seek a visitation order, it is always in your best interest to consult with an attorney.

Free initial consultation

If you are seeking court-ordered visitation with a child, please take advantage of the free initial consultation offered by the attorneys at Stillings & Buchinger by calling the law offices at (920) 725-5305 or sending an email to the attorneys. That consultation will likely help you to decide whether you want to hire an attorney and pursue the visitation action.