2019 WI 57 SUPREME COURT OF WISCONSIN CASE NO.: 2017AP1142 COMPLETE TITLE: In the matter of the grandparental visitation of A. A. L.: In re the Paternity of A. A. L.: Cacie M. Michels, Petitioner-Appellant, v. Keaton L. Lyons, Respondent-Appellant, Jill R. Kelsey, Petitioner-Respondent. ON CERTIFICATION FROM THE COURT OF APPEALS OPINION FILED: May 24, 2019 SUBMITTED ON BRIEFS: ORAL ARGUMENT: November 7, 2018 SOURCE OF APPEAL: COURT: Circuit COUNTY: Chippewa JUDGE: James M. Isaacson JUSTICES: CONCURRED: R.G. BRADLEY, J. concurs, joined by KELLY, J. (opinion filed). DISSENTED: NOT PARTICIPATING: ATTORNEYS: For the petitioner-appellant and respondent-appellant, there were briefs filed by Ryan J. Steffes and Weld Riley, S.C., Eau Claire. There was an oral argument by Ryan J. Steffes. For the petitioner-respondent, there was a brief filed by Jeffrey A. Mandell, Eileen M. Kelley, Anthony J. Menting, and Stafford Rosenbaum LLP, Madison. There was an oral argument by Jeffrey A. Mandell. An amicus curiae brief was filed on behalf of State of Wisconsin by Kevin M. LeRoy, deputy solicitor general, with whom on the brief was Brad D. Schimel, attorney general, and Misha Tseytlin, solicitor general. There was an oral argument by Kevin M. LeRoy. An amicus curiae brief was filed on behalf of Legal Aid Society of Milwaukee, Inc. by Karen Kotecki and Legal Aid Society of Milwaukee, Milwaukee. An amicus curiae brief was filed in the court of appeal on behalf of National Association of Parents, Inc. by Janet McDonough and National Association of Parents, Inc., Chippewa Falls. An amicus curiae brief was filed on behalf of Cato Institute by Joseph S. Diedrich and Husch Blackwell LLP, Madison; with whom on the brief was Ilya Shapiro, Washington, District of Columbia. An amicus curiae brief was filed on behalf of Grandparents Advocate of America, Inc. and Alienated Grandparents Anonymous, Incorporated by John S. Skilton, David R. Pekarek Krohn, Emily J. Greb, and Perkins Coie LLP, Madison. 2 2019 WI 57 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2017AP1142 (L.C. No. 2010FA206) STATE OF WISCONSIN : IN SUPREME COURT In the matter of the grandparental visitation of A. A. L.: In re the Paternity of A. A. L.: Cacie M. Michels, Petitioner-Appellant, FILED v. MAY 24, 2019 Keaton L. Lyons, Sheila T. Reiff Clerk of Supreme Court Respondent-Appellant, Jill R. Kelsey, Petitioner-Respondent. APPEAL from an order of the Circuit Court for Chippewa County, James M. Isaacson, Judge. Vacated. ¶1 REBECCA FRANK DALLET, J. We accepted certification from the court of appeals to clarify the standard of proof required for a grandparent to overcome the presumption that a fit parent's visitation decision is in the child's best No. 2017AP1142 interest.1 We further resolve an interrelated challenge to the constitutionality of Wis. Stat. § 767.43(3)(2015-16),2 (the "Grandparent Visitation Statute") as applied to a circuit court order granting a petition for visitation over the objection of two fit parents.3 ¶2 We recognize that a fit parent ...
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