Currently right now in Wisconsin, they does not have any state statute that defines explicitly that protects the rights of parent(s) as a core fundamental right and are at HIGH RISK.
Barstad v. Frazier, 348 N.W.2d 479 (Wis. 1984), cited in Cynthia H. v. Joshua O. (In re Guardianship of Clive R.O.), 777 N.W.2d 664, 675 (Wis. Ct. App. 2009):
“[A] parent is entitled to custody of his or her children unless the parent is either unfit or unable to care for the *674 children or there are compelling reasons for awarding custody to a third party. 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. If the court finds such compelling reasons, it may award custody to a third party if the best interests of the children would be promoted thereby.”
Does Court Precedent Secure Parental Rights In Wisconsin?
No. Just because a state has a court precedent in favor of parental rights, unfortunately it does NOT mean that the state courts will continue to follow that precedent.
However, we are seeing a different trend at an alarming rate that the parental rights are being stripped away. This is why it’s critical to let those in congress know how the constituents feel about laws protecting parental rights even in “safe” states.
Why Are There Still Issues in States with Favorable Parental Right Laws?
Laws help hold courts accountable to protecting the rights of all parents regardless of race, creed or religion. Yet we still see today more than ever that states like the state of Wisconsin abuse the parental rights. Cases of abuse even in states (such as Michigan) that have good laws and precedents in place. Sometimes, problems in federal laws will lead to abuses even in protected states.
This is one reason that, in addition to helping us protect parental rights at the state level, all constituents need to let their congressman/women know how we feel about protecting the core rights of all families.
Federal laws will help change existing practices, and the Amendment will guard against the continual erosion of a right we all hold dear.