Soergel v. Soergel Raufman

453 N.W.2d 624, 154 Wis. 2d 564, 1990 Wisc. LEXIS 228, 1990 WL 47789
CourtWisconsin Supreme Court
DecidedApril 20, 1990
Docket88-1069
StatusPublished
Cited by25 cases

This text of 453 N.W.2d 624 (Soergel v. Soergel Raufman) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Soergel v. Soergel Raufman, 453 N.W.2d 624, 154 Wis. 2d 564, 1990 Wisc. LEXIS 228, 1990 WL 47789 (Wis. 1990).

Opinions

CALLOW, WILLIAM G., J.

This case is before the court on certification from the court of appeals pursuant to sec. (Rule) 809.61, Stats. The petitioners-appellants, Grace and George Soergel (the Soergels), appeal from an order1 of the Circuit Court for Rock County, Judge Patrick J. Rude.

We begin by stating the facts. Dawn Soergel Raufman and Gary Soergel were divorced on October 1, 1984. Gary Soergel is the son of the Soergels. There was one child born of the marriage of Dawn Soergel Raufman and Gary Soergel. The child was born on February 15, 1981. In the divorce agreement, custody of this child was granted to Dawn Soergel Raufman. On July 7, 1986, Gary Soergel voluntarily consented to the termination of his parental rights to this child, and Dawn Soergel Raufman's present husband, Keith Raufman, is now this child's adoptive father. Dawn Soergel Raufman and Keith Raufman did not allow the Soergels to visit the child after Gary Soergel terminated his parental rights and Keith Raufman adopted the child.

[567]*567On February 11, 1988, the Soergels, seeking visitation rights to the child, filed a petition for visitation in the court that granted the divorce. The petition was filed pursuant to sec. 767.245(4), Stats. (1985-86),2 which provides as follows:

The court may grant reasonable visitation privileges to a grandparent or greatgrandparent of any minor child upon the grandparent's or greatgrandparent's petition to the court with notice to the parties if the court determines that it is in the best interests and welfare of the child and issue any necessary order to enforce the same.

The circuit court denied the Soergels' petition for visitation, reasoning that Dawn Soergel Raufman, Keith Raufman, and the child formed an intact family and that therefore the Soergels had no rights to visitation under sec. 767.245(4) according to the decision of the court of appeals in Van Cleve v. Hemminger, 141 Wis. 2d 543, 415 N.W.2d 571 (Ct. App. 1987).

[568]*568The Soergels appealed, the court of appeals certified the appeal to this court, and we granted the certification.

The only issue we need to address on appeal is whether the Soergels may obtain visitation privileges with the child under sec. 767.245(4), Stats., after the child was adopted by the child's stepfather, Keith Raufman. We conclude that the Soergels have no right to visitation privileges under sec. 767.245(4) because the child was adopted by the child's stepfather.

On appeal, the Soergels argue that their son's voluntary termination of his parental rights to the child and the subsequent stepparent adoption of the child by Dawn Soergel Raufman's present husband did not preclude the granting of visitation rights to them under sec. 767.245(4), Stats. The Soergels recognize that the visitation provision is silent on the issue of the effect of the termination of their son's parental rights and the subsequent adoption on their grandparental visitation rights. However, the Soergels point out that ch. 48 of the Wisconsin Statutes, the Children's Code, which contains the provisions governing termination of parental rights and adoption, is also silent on this issue. The Soergels thus argue that, had the legislature intended that their grand-parental visitation rights would not survive the termination of their son's parental rights and the subsequent stepparent adoption by Keith Raufman, the legislature would have expressly stated such intent in ch. 48. According to the Soergels, their grandparental visitation rights are not dependent upon whether the termination of their son's parental rights and the subsequent stepparent adoption have occurred; rather, whether they should be granted visitation rights to the child turns upon what is in the child's best interests.

Dawn Soergel Raufman, on the other hand, contends that any right of grandparental visitation the [569]*569Soergels may have had under sec. 767.245(4), Stats., did not survive the termination of their son's parental rights and the subsequent stepparent adoption. According to Dawn Soergel Raufman, as a result of the termination of Gary Soergel's parental rights to the child and Keith Raufman's adoption of the child, an intact family exists that is indistinguishable from a family composed entirely of biologically-related members. Under such circumstances, Dawn Soergel Raufman argues, the legislature has made it clear that it is she and the child's adoptive father, not the courts, who are to determine whether visitation is in the child's best interests.

From the parties' arguments, it is obvious that we are required to determine the effect of the child's stepparent adoption upon the Soergels' right to obtain visitation privileges with the child under sec. 767.245(4), Stats. In order to make this determination, we must construe the visitation and adoption statutes. The construction of a statute is a question of law. This court owes no deference to the decisions of the lower courts with respect to questions of law. State v. Pham, 137 Wis. 2d 31, 403 N.W.2d 35 (1987).

The Soergels, as has been stated, seek visitation rights pursuant to sec. 767.245(4), Stats. This court and the court of appeals have previously discussed the history and purpose of this provision. See, e.g., In re Custody of D.M.M., 137 Wis. 2d 375, 404 N.W.2d 530 (1987); Van Cleve. Section 767.245(4) was created by Chapter 122, Laws of 1975. When it was created, it was numbered sec. 247.24(1) (c) and provided as follows:

In rendering a judgment of annulment, divorce or legal separation, the court may:
[570]*570(c) Grant reasonable visitation privileges to a grandparent of any minor child if the court determines that it is in the best interests and welfare of the child and issue any necessary order to enforce the same.

The legislative history surrounding the enactment of sec. 247.24(1) (c) shows that it was the intent of the legislature merely to codify this court's decisions in Weichman v. Weichman, 50 Wis. 2d 731, 184 N.W.2d 882 (1971), and Ponsford v. Crute, 56 Wis. 2d 407, 202 N.W.2d 5 (1972):

The supreme court established in Weichman v. Weichman, 50 Wis. 2d 731, 734, 184 N.W.2d 882 (1970)[sic], and reaffirmed in Ponsford v. Crute, 56 Wis. 2d 407, 415, 202 N.W.2d 5 (1972), that the court in actions affecting marriage may grant visitation privileges to grandparents and others where it is in the best interest of the child. Therefore, the treatment of s. 247.24(1) in the attached draft is merely a codification of existing law.

Draftsman's Note, Legislative Reference Bureau File, ch. 122, Laws of 1975, LRB-366-1, dated November 7,1974. Because sec. 767.245(4) is merely a codification of this court's decisions in Weichman and Ponsford, a brief analysis of those decisions will shed light upon its purpose.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Michels v. Lyons (In Re Visitation of A. A. L.)
2019 WI 57 (Wisconsin Supreme Court, 2019)
Wambolt v. West Bend Mutual Insurance
2007 WI 35 (Wisconsin Supreme Court, 2007)
State v. MARGARET H.
2000 WI 42 (Wisconsin Supreme Court, 2000)
State v. Williams
601 N.W.2d 838 (Court of Appeals of Wisconsin, 1999)
Scott A. v. Garth J.
586 N.W.2d 21 (Court of Appeals of Wisconsin, 1998)
In re the Appeal in Maricopa County, Juvenile Action No. JA-502394
925 P.2d 738 (Court of Appeals of Arizona, 1996)
Holtmann v. Knott
533 N.W.2d 419 (Wisconsin Supreme Court, 1995)
In Re Custody of HSHK
533 N.W.2d 419 (Wisconsin Supreme Court, 1995)
Marquardt v. Hegemann-Glascock
526 N.W.2d 834 (Court of Appeals of Wisconsin, 1994)
Patricia H.C. v. Louise H.
512 N.W.2d 189 (Court of Appeals of Wisconsin, 1993)
L.P. v. B.G.
501 N.W.2d 908 (Court of Appeals of Wisconsin, 1993)
In Re Adoption of JCG
501 N.W.2d 908 (Court of Appeals of Wisconsin, 1993)
In RE MARRIAGE OF COX v. Williams
490 N.W.2d 774 (Court of Appeals of Wisconsin, 1992)
H.F. v. T.F.
483 N.W.2d 803 (Wisconsin Supreme Court, 1992)
In Matter of CGF
483 N.W.2d 803 (Wisconsin Supreme Court, 1992)
Sporleder v. Hermes
471 N.W.2d 202 (Wisconsin Supreme Court, 1991)
Sporleder v. Hermes
459 N.W.2d 602 (Court of Appeals of Wisconsin, 1990)
In Re Interest of ZJH
459 N.W.2d 602 (Court of Appeals of Wisconsin, 1990)
Soergel v. Soergel Raufman
453 N.W.2d 624 (Wisconsin Supreme Court, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
453 N.W.2d 624, 154 Wis. 2d 564, 1990 Wisc. LEXIS 228, 1990 WL 47789, Counsel Stack Legal Research, https://law.counselstack.com/opinion/soergel-v-soergel-raufman-wis-1990.