As between parents and grandparents, a parent is entitled to custody of his or her child unless the parent is either unfit or unable adequately to care for the child or there are compelling reasons for awarding custody to a grandparent. Compelling reasons include abandonment, persistent neglect of parental responsibilities, extended disruption of parental custody, or other similar extraordinary circumstances that would drastically affect the welfare of the child. Children often form close bonds with people other than their biological or adoptive parents. A grandparent will in many cases be a primary parent-figure in the child's life. Sometimes parents have problems such as alcoholism, drug addiction, mental or physical illness, poor judgment, or immaturity, which prevent them from caring properly for their children.
Grandparents often step in to protect and nurture their grandchildren.
Grandparents had no standing to ask a court for visitation with the child, even when preserving the child's relationship with his or her grandparents was in the child's best interest. The two-part test, however, leaves some children's relationships with their grandparents vulnerable when the parents refuse to allow contact under circumstances where there is no underlying court action. As such, the legislature and the Wisconsin Supreme Court have taken steps to protect these children. All minors are subject to guardianship. The court may appoint a guardian of the person of any minor resident of the county or of a nonresident under extraordinary circumstances requiring medical aid or the prevention of harm to his or her person.