Grandparent visitation statute applies only when an action affecting the family is already pending.
Voluntary TPR by father ended visitation rights of grandparents.
Lesbian partner cannot petition for custody or visitation despite written contract with mother. Petition for “significant other” visitation can only be filed where a valid action affecting the family has been filed.
Live-in lesbian lover cannot petition for visitation of child because there was no underlying family court action.
Grandparent’s visitation granted under §880.115 survives death of child.
Visitation under §767.245(1) denied to “significant other” where mother died, father remarried and stepmother adopted. No underlying action.
Stepparent cannot petition for visitation after death of spouse.
Paternity case is an underlying action allowing grandmother to petition for visitation.
Continuing obligation by father to pay child support does make a paternity action an underlying action allowing a grandmother to petition for visitation. Unless there is a previous filed action which threatens to expose children to the trauma of a dissolving family, the state cannot interfere with parents’ decision.
No custody action under ch. 767, but court has equitable power to protect child’s best interests by ordering visitation. Courts have jurisdiction in equity to act in the best interests of a child. Court can order visitation where petitioner has parent-like relationship and a significant triggering event justifies state intervention.