Michels v. LyonsAnnotate this Case
The Supreme Court vacated the order of the circuit court granting a petition for grandparent visitation over the objection of two fit parents, holding that the Grandparent Visitation Statute, Wis. Stat. 767.43(3), as applied to the circuit court order, is unconstitutional because Grandmother did not overcome the presumption in favor of the Parents' visitation decision with clear and convincing evidence that their decision was not in the child's best interest.
Despite finding that Parents were good and fit parents, the circuit court granted Grandmother's petition for visitation. The Supreme Court vacated the order, holding (1) The Grandparent Visitation Statute must withstand strict scrutiny; (2) the statute is facially constitutional and is narrowly tailored to further a compelling state interest; but (3) the statute is unconstitutional as applied, and the visitation order in this case violated the constitutional rights of Parents.