26.11.020. Petition for visitation--Criteria--Ongoing and substantial relationship with child--Relatives--Likelihood of harm to child
(1) A person who is not the parent of the child may petition for visitation with the child if:
(a) The petitioner has an ongoing and substantial relationship with the child;
(b) The petitioner is a relative of the child or a parent of the child; and
(c) The child is likely to suffer harm or a substantial risk of harm if visitation is denied.
(2) A person has established an ongoing and substantial relationship with a child if the person and the child have had a relationship formed and sustained through interaction, companionship, and mutuality of interest and affection, without expectation of financial compensation, with substantial continuity for at least two years unless the child is under the age of two years, in which case there must be substantial continuity for at least half of the child’s life, and with a shared expectation of and desire for an ongoing relationship.