Grandparent Liability
- What is grandparent liability?
- What is the purpose of Wisconsin's Grandparent Liability Law?
- What are grandparents responsible for?
- What can parents of teens do?
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What is grandparent liability?
In the early 1980s, a unique group of pro-choice and pro-life advocates met to discuss their concerns about the increasing number of unintended pregnancies in Wisconsin, especially among teens. As a result of those discussions, the Wisconsin State Legislature enacted the Wisconsin Grandparent Liability Law as part of the Abortion Prevention and Family Responsibility Act of 1985. This law (s. 49.90 Wis. Stats) holds that grandparents are responsible for the support of any grandchildren born to their minor teen (under age 18) sons or daughters. The law and the resulting financial obligations to grandparents are informally called "Grandparent Liability."
In the past, the parents of a teen mother often assumed the responsibility for supporting a grandchild. Under the Grandparent Liability Law, both sets of grandparents of a child born to teen parents are legally responsible for supporting their grandchild. After the identity of the child’s father has been established by the courts, his parents may have to help pay for the grandchild’s medical care and financial support. The responsibility to provide support may date back to when the child was born or when the initial action to establish fatherhood was started.
What is the purpose of Wisconsin's Grandparent Liability Law?
Lawmakers believe that the Grandparent Liability Law will:
- Increase communication between parents and their teen sons and daughters about teen sexual behavior and the responsibilities of having and raising a family
- Require the parents of teens who have children to take some financial responsibility for the needs of their grandchildren if the teen parents are unable to support the child.
What are grandparents responsible for?
Grandparents could be responsible for financially supporting their grandchild when young parents are unable to do so. It does not matter if the teen parents live with their own parents, live independently or live in a foster home. The grandparents’ financial responsibility could continue until their child (the new parent) reaches age 18.
If the teen parents are eligible to receive help from the county economic support or Wisconsin Works (W-2) agency, the agency could refer their case to the county attorney or child support agency. The attorney or child support agency may ask the court to order grandparent support. Otherwise, to receive grandparent support, the grandparents, the young parents, or someone acting for the grandchild needs to ask the court to decide how much support is needed from each grandparent. Parents may also apply directly to their local child support agency.
What can parents of teens do?
As parents of teen sons and daughters, you can talk to your teen about sexual behavior and attitudes so that they understand the consequences of their actions. Having a teen child who becomes a parent will change their life and yours.
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