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AB47,21,10
13. If the petitioner knows or has reason to know that the child is an Indian child,
2notice to the Indian child's parent, Indian custodian, and Indian tribe shall be
3provided in the manner specified in s. 48.028 (4) (a). No hearing may be held under
4par. (e) or (f) until at least 10 days after receipt of the notice by the Indian child's
5parent, Indian custodian, and Indian tribe or, if the identity or location of the Indian
6child's parent, Indian custodian, or tribe cannot be determined, until at least 15 days
7after receipt of the notice by the U.S. secretary of the interior. On request of the
8Indian child's parent, Indian custodian, or Indian tribe, the court shall grant a
9continuance of up to 20 additional days to enable the requester to prepare for the
10hearing.
AB47,21,2111 (d) Statement by proposed guardian. At least 96 hours before the hearing under
12par. (e), the proposed guardian shall submit to the court a sworn and notarized
13statement as to the number of persons for whom the proposed guardian is
14responsible, whether as a parent, guardian, or legal custodian, as to the proposed
15guardian's income, assets, debts, and living expenses, and as to whether the
16proposed guardian is currently charged with or has been convicted of a crime or has
17been determined under s. 48.981 (3) (c) to have abused or neglected a child. If the
18proposed guardian is currently charged with or has been convicted of a crime or has
19been determined under s. 48.981 (3) (c) to have abused or neglected a child, he or she
20shall include in the sworn and notarized statement a description of the
21circumstances surrounding the charge, conviction, or determination.
AB47,22,622 (e) Initial hearing. 1. The initial hearing on a petition for guardianship, other
23than a petition for emergency guardianship under sub. (6), shall be heard within 45
24days after the filing of the petition. At the hearing, the court shall first determine
25whether any party wishes to contest the petition. If the petition is not contested, the

1court shall immediately proceed to a fact-finding and dispositional hearing, unless
2an adjournment is requested. If the petition is contested and all parties consent, the
3court may proceed immediately to a fact-finding and dispositional hearing. If any
4party does not consent or if an adjournment is requested, the court shall set a date
5for a fact-finding and dispositional hearing that allows reasonable time for the
6parties to prepare but is not more than 30 days after the initial hearing.
AB47,22,137 2. The proposed guardian and any proposed successor guardian shall be
8physically present at all hearings unless the court excuses the attendance of either
9or, for good cause shown, permits attendance by telephone. The child is not required
10to attend any hearings, but if the child has nominated the proposed guardian, the
11child shall provide to the guardian ad litem sufficient information for the guardian
12ad litem to advise the court on whether the nomination is in the best interests of the
13child.
AB47,22,1814 3. If a man who has been given notice under par. (c) 1. appears at the initial
15hearing, alleges that he is the father of the child, and states that he wishes to
16establish the paternity of the child, s. 48.299 (6) applies. The court may order a
17temporary guardianship under sub. (5) pending the outcome of the paternity
18proceedings.
AB47,22,2519 (f) Fact-finding and dispositional hearing. The court shall hold the
20fact-finding and dispositional hearing at the time specified or set by the court under
21this paragraph, at which any party may present evidence, including expert
22testimony, and argument relating to the allegations in the petition. The court shall
23determine whether the petitioner has proven the allegations in the petition under
24par. (b) by clear and convincing evidence and shall immediately proceed to determine
25the appropriate disposition under par. (h), considering the factors under par. (g).
AB47,23,2
1(g) Dispositional factors. In determining the appropriate disposition under par.
2(h), the court shall consider all of the following:
AB47,23,63 1. Any nominations made under sub. (2) (c) 1. or 2. and the opinions of the
4parents and child as to what is in the best interests of the child, but the best interests
5of the child as determined by the court shall control in making the determination
6when those nominations and opinions are in conflict with those best interests.
AB47,23,87 2. Whether the proposed guardian would be fit, willing, and able to serve as the
8guardian of the child.
AB47,23,119 3. If the child is an Indian child, the order of placement preference under s.
1048.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as
11described in s. 48.028 (7) (e), for departing from that order.
AB47,23,1312 4. Whether appointment of the proposed guardian as the child's guardian is in
13the best interests of the child.
AB47,23,1614 (h) Disposition. At the conclusion of the hearing under par. (f), the court shall
15grant one of the following dispositions, unless the court adjourns the hearing under
16par. (i):
AB47,23,2317 1. A disposition dismissing the petition if the court finds that the petitioner has
18not proved the allegations in the petition by clear and convincing evidence or
19determines that appointment of the proposed guardian as the child's guardian is not
20in the best interests of the child. Dismissal of a petition under this subdivision does
21not preclude the court from referring the child to the intake worker for an intake
22inquiry under s. 48.24 or from acting as an intake worker at the court's discretion
23under s. 48.10.
AB47,24,524 2. A disposition ordering the guardianship and issuing letters of guardianship
25if the court finds that the petitioner has proved the allegations in the petition by clear

1and convincing evidence and determines that such an appointment is in the best
2interests of the child. A dispositional order for a full, limited, or temporary
3guardianship under this subsection may not change the placement of a child under
4the supervision of a court pursuant to s. 48.13, 48.133, or 48.14 or ch. 938. The
5disposition shall include all of the following:
AB47,24,76 a. Whether the appointment is for a full, limited, or temporary guardianship,
7and, if limited or temporary, the limitations and expiration date of the guardianship.
AB47,24,88 b. If applicable, the amount of support to be paid by the child's parents.
AB47,24,149 c. If applicable, and subject to sub. (13), reasonable rules of parental visitation.
10Subject to a court order under this subdivision or sub. (9) or (13), the guardian's
11decision regarding visitation is presumed to be in the best interest of the child and,
12if the court reviews the decision, the petitioner has the burden of proving by clear and
13convincing evidence that the decision of the guardian is not in the best interest of the
14child.
AB47,25,215 (i) Adjournment; proposed guardian unfit or not in best interests. If at the
16conclusion of the hearing under par. (f) the court finds that the petitioner has proved
17the allegations in the petition, other than the allegation specified in par. (b) 8., by
18clear and convincing evidence, but that the proposed guardian is not fit, willing, and
19able to serve as the guardian of the child, or if the court finds that the petitioner has
20so proved all of the allegations in the petition, but that appointment of the proposed
21guardian as the child's guardian is not in the best interests of the child, the court may,
22in lieu of granting a disposition dismissing the petition under par. (h) 1., adjourn the
23hearing for not more than 30 days, request the petitioner or any other party to
24nominate a new proposed guardian, and order the guardian ad litem to report to the

1court concerning whether the new proposed guardian is fit, willing, and able to serve
2as the guardian of the child.
AB47,25,11 3(5) Temporary guardianships. (a) Duration and extent of authority. The court
4may appoint a temporary guardian for a child for a period not to exceed 180 days,
5except that the court may extend this period for good cause shown for one additional
6180-day period. The court's determination and order appointing the temporary
7guardian shall specify the authority of the temporary guardian, which shall be
8limited to those acts that are reasonably related to the reasons for the appointment
9that are specified in the petition for temporary guardianship. The authority of the
10temporary guardian is limited to the performance of those acts stated in the order
11of appointment.
AB47,25,1412 (b) Procedures for appointment. A petition for the appointment of a temporary
13guardian shall be heard in the same manner and is subject to the same requirements
14as provided in this section for the appointment of a full or limited guardian.
AB47,25,1915 (c) Cessation of powers. The duties and powers of the temporary guardian cease
16upon the expiration of the period specified in par. (a), or the termination as
17determined by the court of the situation of the child that was the cause of the
18temporary guardianship. Upon cessation of a temporary guardianship, the
19temporary guardian shall file with the court any report that the court requires.
AB47,26,2 20(6) Emergency guardianships. (a) Duration and extent of authority. The court
21may appoint an emergency guardian for a child for a period not to exceed 60 days.
22The court's determination and order appointing the emergency guardian shall
23specify the authority of the emergency guardian and shall be limited to those acts
24that are reasonably related to the reasons for the appointment that are specified in

1the petition for emergency guardianship. The authority of the emergency guardian
2is limited to the performance of those acts stated in the order of appointment.
AB47,26,43 (b) Procedures for appointment. All of the following procedures apply to the
4appointment of an emergency guardian:
AB47,26,85 1. Any person may petition for the appointment of an emergency guardian for
6a child. The petition shall contain the information required under sub. (4) (b) and
7shall specify the reasons for the appointment of an emergency guardian and the
8powers requested for the emergency guardian.
AB47,26,199 2. The petitioner shall give notice of the petition and of the time and place of
10the hearing under subd. 4. to the child, if 12 years of age or over, the child's guardian
11ad litem, and the child's counsel, if any; the child's parents, guardian, and legal
12custodian; and the person nominated as emergency guardian. The notice and a copy
13of the petition shall be served as soon after the filing of the petition as possible, shall
14be served by the most practical means possible, including personal service or service
15by electronic mail or telephone, and shall include notice of the right to petition for
16reconsideration or modification of the emergency guardianship under subd. 5. If the
17petitioner serves notice of the hearing after the hearing is conducted and the court
18has entered an order, the petitioner shall include the court's order with the notice of
19the hearing.
AB47,27,520 3. The court shall appoint a guardian ad litem for the child as soon as possible
21after the filing of the petition. The court shall attempt to appoint the guardian ad
22litem before the hearing on the petition, but may appoint the guardian ad litem after
23the hearing if the court finds that exigent circumstances require the immediate
24appointment of an emergency guardian. The guardian ad litem shall conduct a
25diligent investigation sufficient to represent the best interests of the child in court.

1If the court appoints a guardian ad litem after entry of the order granting the
2emergency guardianship, the guardian ad litem may petition for reconsideration or
3modification of the emergency guardianship under subd. 5. If the court dismisses the
4petition for emergency guardianship prior to appointing a guardian ad litem, the
5court need not appoint a guardian ad litem unless the petition is refiled.
AB47,27,116 4. The court shall hold a hearing on the emergency guardianship petition as
7soon as possible after the filing of the petition or, for good cause shown, may issue a
8temporary order appointing an emergency guardian without a hearing that shall
9remain in effect until a hearing is held on the emergency guardianship petition. If
10appointed prior to the hearing, the guardian ad litem shall attend the hearing in
11person or by telephone.
AB47,27,1512 5. If the court appoints an emergency guardian, any person specified in subd.
132. may petition for reconsideration or modification of the emergency guardianship
14and the court shall hold a rehearing on the issue of appointment of the emergency
15guardian within 30 calendar days after the filing of the petition.
AB47,27,2016 6. If the court determines that the welfare of the child does not require the
17immediate appointment of an emergency guardian, the court may dismiss the
18petition. Dismissal of a petition under this subdivision does not preclude the court
19from referring the child to the intake worker for an intake inquiry under s. 48.24 or
20from acting as an intake worker at the judge's discretion under s. 48.10.
AB47,27,2521 (c) Immunity. An emergency guardian of a child is immune from civil liability
22for his or her acts or omissions in performing the duties of emergency guardianship
23if he or she performs the duties in good faith, in the best interests of the child, and
24with the degree of diligence and prudence that an ordinarily prudent person
25exercises in his or her own affairs.
AB47,28,5
1(d) Cessation of powers. The duties and powers of the emergency guardian
2cease upon the expiration of the period specified in par. (a), or the termination as
3determined by the court of the situation of the child that was the cause of the
4emergency guardianship. Upon cessation of an emergency guardianship, the
5emergency guardian shall file with the court any report that the court requires.
AB47,28,9 6(7) Standby guardianship. A petition for the appointment of a standby
7guardian of the person for a child to assume the duty and authority of guardianship
8on the incapacity, death, or debilitation and consent, of the child's parent shall be
9brought under s. 48.978.
AB47,28,18 10(8) Successor guardian. (a) Appointment; initial petition or during
11guardianship.
1. As part of a petition for the initial appointment of a guardian of
12a child or at any time after that appointment, a person may petition for the
13appointment of one or more successor guardians of the child to assume the duty and
14authority of full, limited, or temporary guardianship in the event of an occurrence
15specified in subd. 2. Except as provided in par. (b), if the petition for the appointment
16of a successor guardian is brought after the initial appointment of a guardian, the
17petition shall be heard in the same manner and subject to the same requirements as
18provided under this section for an initial appointment of a guardian.
AB47,29,719 2. After hearing, the court may designate one or more successor guardians
20whose appointment shall become effective immediately upon the death,
21unwillingness or inability to act, resignation, or removal by the court of the initially
22appointed guardian or during a period, as determined by the initially appointed
23guardian, when the initially appointed guardian is temporarily unable to fulfill his
24or her duties, including during an extended vacation or illness. The powers and
25duties of the successor guardian shall be the same as those of the initially appointed

1guardian. The successor guardian shall receive a copy of the court order establishing
2or modifying the initial guardianship and of the order designating the successor
3guardian. Upon the occurrence of an event specified in this subdivision, the
4successor guardian shall so notify the court and request the court to issue new letters
5of guardianship. Upon notification, the court shall issue new letters of guardianship
6that specify that the successor guardianship is permanent or that specify the period
7for a temporary successor guardianship.
AB47,29,158 (b) Appointment; when no guardian. 1. If a guardian dies, is removed by order
9of the court, or resigns and the resignation is accepted by the court, the court, on its
10own motion or upon petition of any interested person, may appoint a person who is
11fit, willing, and able to serve as successor guardian. The court may, upon request of
12any interested person or on its own motion, direct that the petition or motion for the
13appointment of a successor guardian be heard in the same manner and subject to the
14same requirements as provided under this section for an initial appointment of a
15guardian.
AB47,29,2016 2. If the appointment under subd. 1. is made without hearing, the successor
17guardian shall provide notice to all interested persons of the appointment and the
18right to petition for reconsideration of the appointment of the successor guardian.
19The notice shall be served personally or by mail not later than 7 days after the
20appointment.
AB47,30,4 21(9) Modification of guardianship order. (a) Any interested person or other
22person approved by the court may request a modification of a guardianship order
23entered under this subsection or sub. (4) (h) 2. or the court may, on its own motion,
24propose such a modification. The request or motion shall set forth in detail the
25nature of the proposed modification, shall allege facts sufficient to show that there

1has been a substantial change in circumstances since the last order affecting the
2guardianship was entered and that the proposed modification would be in the best
3interests of the child, and shall allege any other information that affects the
4advisability of the court's disposition.
AB47,30,95 (b) The court shall hold a hearing on the matter prior to any modification of the
6guardianship order if the request or motion indicates that new information is
7available that affects the advisability of the court's guardianship order, unless
8written waivers of objections to the modification are signed by all interested persons
9other than the child and the court approves the waivers.
AB47,30,1910 (c) If a hearing is to be held, the person requesting or proposing the modification
11shall notify all interested persons at least 7 days prior to the hearing of the date,
12place, and purpose of the hearing. A copy of the request or proposal shall be attached
13to the notice. The court may order a modification if, at the hearing, the court finds
14that the person proposing the modification has proved by clear and convincing
15evidence that there has been a substantial change in circumstances and determines
16that a modification would be in the best interests of the child. An order for
17modification under this subsection may not change the placement of a child under
18the supervision of a court pursuant to s. 48.13, 48.133, or 48.14 or ch. 938, other than
19to modify a guardianship order entered under this section.
AB47,30,22 20(10) Review of conduct of guardian. (a) Continuing jurisdiction of court. The
21court that appointed the guardian of a child has continuing jurisdiction over the
22guardian.
AB47,30,2423 (b) Cause for court action against a guardian. The court may impose a remedy
24under par. (d) if a guardian of a child does any of the following:
AB47,30,2525 1. Abuses or neglects the child or knowingly permits others to do so.
AB47,31,2
12. Fails to disclose information specified in sub. (4) (d) that would have
2prevented appointment of the person as guardian.
AB47,31,33 3. Fails to follow or comply with the court's order.
AB47,31,54 4. Otherwise fails to perform any of his or her duties as a guardian under s.
548.023.
AB47,31,146 (c) Procedure. Any interested person or other person approved by the court may
7file a petition requesting a review of the conduct of a guardian, or the court, on its
8own motion, may propose such a review. The request or motion shall allege facts
9sufficient to show cause under par. (b) for the court to impose a remedy under par.
10(d). The court shall hold a hearing on the request or motion not more than 30 days
11after the filing of the request or proposal. Not less than 7 days before the date of the
12hearing, the person requesting or proposing the review shall provide notice of the
13hearing to the child, his or her parents, the guardian, and any other persons required
14by the court. A copy of the request or motion shall be attached to the notice.
AB47,31,1715 (d) Remedies of the court. If after hearing the court finds by clear and
16convincing evidence cause as specified in par. (b) to order a remedy under this
17paragraph, the court may do any of the following:
AB47,31,1818 1. Remove the guardian.
AB47,31,1919 2. Remove the guardian and appoint a successor guardian.
AB47,31,2220 3. Enter any other order that may be necessary or appropriate to compel the
21guardian to carry out the guardian's duties, including an order setting reasonable
22rules of visitation with the child.
AB47,31,2323 4. Modify the duties and authority of the guardian.
AB47,32,3
15. Require the guardian to pay any costs of the proceeding, including costs of
2service and attorney fees, if the court finds that the guardian's conduct was
3egregious.
AB47,32,6 4(11) Termination of guardianship. (a) Term of guardianship. A guardianship
5under this section shall continue until the child attains the age of 18 years unless any
6of the following occurs:
AB47,32,77 1. The guardianship is for a lesser period of time and that time has expired.
AB47,32,88 2. The child marries.
AB47,32,99 3. The child dies.
AB47,32,1110 4. The child's residence changes from this state to another state and a guardian
11is appointed in the new state of residence.
AB47,32,1312 5. The guardian dies, or resigns and the resignation is accepted by the court,
13and a successor guardian is not appointed.
AB47,32,1514 6. The guardian is removed for cause under sub. (10) (d) 1. and a successor
15guardian is not appointed.
AB47,32,1716 7. The court terminates the guardianship on the request of a parent of the child
17or the child under par. (b).
AB47,32,1818 8. The court terminates the guardianship upon the adoption of the child.
AB47,33,219 (b) Termination on request of parent or child. 1. A parent of the child or the
20child may file a petition requesting that a guardianship order entered under sub. (4)
21(h) 2., (5), (6), (8), or (9) be terminated. The petition shall allege facts sufficient to
22show that there has been a substantial change in circumstances since the last order
23affecting the guardianship was entered, that the parent is fit, willing, and able to
24carry out the duties of a guardian or that no compelling facts or circumstances exist

1demonstrating that a guardianship is necessary, and that termination of the
2guardianship would be in the best interests of the child.
AB47,33,53 2. The court shall hold a hearing on the petition unless written waivers of
4objections to termination of the guardianship are signed by all interested persons
5and the court approves the waivers.
AB47,33,116 3. If a hearing is to be held, by no less than 7 days before the date of the hearing,
7the parent or child requesting the termination shall provide notice of the hearing to
8the child, the child's parents, the guardian, and any other persons required by the
9court. A copy of the petition shall be attached to the notice. The court shall terminate
10the guardianship if the court finds that the petitioner has proven the allegations in
11the petition under subd. 1. by a preponderance of the evidence.
AB47,22 12Section 22 . Subchapter XX of chapter 48 [precedes 48.98] of the statutes is
13renumbered subchapter XXI of chapter 48 [precedes 48.98].
AB47,23 14Section 23 . 48.981 (7) (a) 11v. of the statutes is created to read:
AB47,33,1715 48.981 (7) (a) 11v. A guardian ad litem for a child who is the subject of a
16guardianship proceeding under s. 48.9795 to the extent necessary to fulfill the duties
17and responsibilities required of the guardian ad litem under s. 48.9795 (3).
AB47,24 18Section 24 . 51.30 (4) (b) 18. a. of the statutes is amended to read:
AB47,33,2419 51.30 (4) (b) 18. a. In this subdivision, “abuse" has the meaning given in s. 51.62
20(1) (ag); “neglect" has the meaning given in s. 51.62 (1) (br); and “parent" has the
21meaning given in s. 48.02 (13), except that “parent" does not include the parent of a
22minor whose custody is transferred to a legal custodian, as defined in s. 48.02 (11),
23or for whom a guardian is appointed under, or s. 48.9795 or 54.10 or s. 880.33, 2003
24stats.
AB47,25 25Section 25 . 51.30 (4) (b) 18. c. of the statutes is amended to read:
AB47,34,16
151.30 (4) (b) 18. c. If the patient, regardless of age, has a guardian appointed
2under s. 48.9795 or 54.10 or s. 880.33, 2003 stats., or if the patient is a minor with
3developmental disability who has a parent or has a guardian appointed under s.
448.831 and does not have a guardian appointed under s. 48.9795 or 54.10 or s. 880.33,
52003 stats., information concerning the patient that is obtainable by staff members
6of the agency or nonprofit corporation with which the agency has contracted is
7limited, except as provided in subd. 18. e., to the nature of an alleged rights violation,
8if any; the name, birth date and county of residence of the patient; information
9regarding whether the patient was voluntarily admitted, involuntarily committed
10or protectively placed and the date and place of admission, placement or
11commitment; and the name, address and telephone number of the guardian of the
12patient and the date and place of the guardian's appointment or, if the patient is a
13minor with developmental disability who has a parent or has a guardian appointed
14under s. 48.831 and does not have a guardian appointed under s. 48.9795 or 54.10
15or s. 880.33, 2003 stats., the name, address and telephone number of the parent or
16guardian appointed under s. 48.831 of the patient.
AB47,26 17Section 26 . 54.01 (10) of the statutes is amended to read:
AB47,34,2318 54.01 (10) “Guardian" means a person appointed by a court under s. 54.10 to
19manage the income and assets, which may include, by court order, digital property,
20as defined in s. 711.03 (10),
and provide for the essential requirements for health and
21safety and the personal needs of a minor, an individual found incompetent, or a
22spendthrift or to manage the income and assets of a minor. A person's assets may
23include, by court order, digital property, as defined in s. 711.03 (10)
.
AB47,27 24Section 27 . 54.10 (1) of the statutes is amended to read:
AB47,35,5
154.10 (1) A court may appoint a guardian of the person or a guardian of the
2estate, or both, for an individual if the court determines that the individual is a
3minor. Except as provided in ss. 48.427, 48.831, 48.977, and 48.978, an appointment
4of a guardian of the person of a minor shall be conducted under the procedures
5specified in s. 48.9795.
AB47,28 6Section 28 . 54.15 (6) of the statutes is amended to read:
AB47,35,157 54.15 (6) Testamentary nomination by proposed ward's parents. Subject to the
8rights of a surviving parent, a parent may by will nominate a guardian and successor
9guardian of the person or estate for any of his or her minor children who is in need
10of guardianship, unless the court finds that appointment of the guardian or successor
11guardian is not in the minor's best interests. For an individual who is aged 18 or older
12and is found to be in need of guardianship by reason of a developmental disability
13or serious and persistent mental illness, a parent may by will nominate a
14testamentary guardian. The parent may waive the requirement of a bond for such
15an estate that is derived through a will.
AB47,29 16Section 29 . 54.25 (2) (d) 1. of the statutes is amended to read:
AB47,36,317 54.25 (2) (d) 1. A court may authorize a guardian of the person to exercise all
18or part of any of the powers specified in subd. 2. only if it finds, by clear and
19convincing evidence, that the individual lacks evaluative capacity to exercise the
20power. The court shall authorize the guardian of the person to exercise only those
21powers that are necessary to provide for the individual's personal needs, safety, and
22rights and to exercise the powers in a manner that is appropriate to the individual
23and that constitutes the least restrictive form of intervention. The court may limit
24the authority of the guardian of the person with respect to any power to allow the
25individual to retain power to make decisions about which the individual is able

1effectively to receive and evaluate information and communicate decisions. When
2a court appoints a guardian for a minor, the guardian shall be granted care, custody,
3and control of the person of the minor.
AB47,30 4Section 30 . 54.25 (2) (d) 2. o. of the statutes is amended to read:
AB47,36,65 54.25 (2) (d) 2. o. The power to have custody of the ward, if an adult, and the
6power to have care, custody, and control of the ward, if a minor
.
AB47,31 7Section 31 . 54.52 (1) of the statutes is amended to read:
AB47,36,158 54.52 (1) A person may at any time bring a petition for the appointment of a
9standby guardian of the person or estate of an individual who is determined under
10s. 54.10 to be incompetent, a minor, or a spendthrift or for the appointment of a
11standby guardian of the estate of a minor
, except that, as specified in s. 48.978 a
12petition for the appointment of a standby guardian of the person or property estate,
13or both, of a minor to assume the duty and authority of guardianship on the
14incapacity, death, or debilitation and consent, of the minor's parent may shall be
15brought under s. 48.978.
AB47,32 16Section 32 . 54.56 of the statutes is renumbered 48.9795 (12) and amended to
17read:
AB47,36,2018 48.9795 (12) Visitation by a minor's child's grandparents and stepparents. (a)
19In this section subsection, “stepparent" means the surviving spouse of a deceased
20parent of a minor child, whether or not the surviving spouse has remarried.
AB47,37,621 (b) If one or both parents of a minor child are deceased and the minor child is
22in the custody of the surviving parent or any other person, a grandparent or
23stepparent of the minor child may petition for visitation privileges with respect to the
24minor child, whether or not the person with custody is married. The grandparent
25or stepparent may file the petition in a guardianship or temporary guardianship

1proceeding under this chapter section that affects the minor child or may file the
2petition to commence an independent action under this chapter subsection. Except
3as provided in sub. (3m) par. (cm), the court may grant reasonable visitation
4privileges to the grandparent or stepparent if the surviving parent or other person
5who has custody of the minor child has notice of the hearing and if the court
6determines that visitation is in the best interest of the minor child.
AB47,37,87 (c) Whenever possible, in making a determination under sub. (2) par. (b), the
8court shall consider the wishes of the minor child.
AB47,37,149 (cm) 1. Except as provided in par. (b) subd. 2., the court may not grant visitation
10privileges to a grandparent or stepparent under this section subsection if the
11grandparent or stepparent has been convicted under s. 940.01 of the first-degree
12intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
13a parent of the minor child, and the conviction has not been reversed, set aside, or
14vacated.
AB47,37,1815 2. Paragraph (a) Subdivision 1. does not apply if the court determines by clear
16and convincing evidence that the visitation would be in the best interests of the minor
17child. The court shall consider the wishes of the minor child in making the
18determination.
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