In Michigan, grandparents can sometimes find themselves fighting for access to their grandchildren in situations where the parents are unable or unwilling to facilitate regular contact. Whether due to divorce, family disputes, or other circumstances, Michigan law provides a path for grandparents to seek visitation or even custody under certain conditions. However, this is a complicated and emotionally charged area of family law that is highly dependent on the facts of each individual case.

Michigan’s Grandparents’ Rights Law: The Basics

Michigan law gives grandparents the right to seek visitation or custody of their grandchildren in specific situations, but there are strict rules about when and how this can happen. In Michigan, the primary concern in any custody or visitation case is the best interest of the child, which remains true even in cases involving grandparents.

There are two primary legal options for grandparents who are concerned about their relationship with their grandchildren:

1. Grandparents’ Visitation Rights: This allows grandparents to seek visitation with their grandchildren, even if the parents do not agree. In Michigan, visitation can only be granted in certain situations, and it does not give grandparents the same rights as parents.

2. Grandparents’ Custody Rights: This allows grandparents to seek legal custody of their grandchildren, potentially gaining control over important decisions in the child’s life if the parents are unable to care for the child. This is a much more difficult legal standard and is less commonly granted.

Grandparents’ Visitation Rights: When Can You File for Visitation?

Under Michigan law, grandparents have the right to request visitation with their grandchildren in the following situations:

• The child’s parents are divorced: If the parents are divorced, a grandparent may petition the court for visitation rights, even if one or both parents object. The court will look at whether visitation is in the best interest of the child.

• One of the child’s parents is deceased: If one of the child's parents has passed away, the surviving parent may not be willing or able to allow visitation with the deceased parent's family. In this case, grandparents can seek visitation rights.

• The child has been living with the grandparents: If the child has been living with the grandparents for a certain amount of time and a bond has formed, grandparents may have standing to seek visitation if the parents want to separate the child from that relationship.

• The parents are unmarried, and the child is not living with both parents: If the parents are not married and the child is living with only one parent, the other parent may be willing to grant grandparents visitation.

Factors the Court Will Consider for Grandparents’ Visitation

When considering whether to grant visitation to a grandparent, Michigan courts apply a best interest of the child standard, but with an important added step: grandparents must prove that the visitation is in the child’s best interests and that the parents are unreasonably denying visitation.

In order to determine if visitation is in the best interest of the child, the court will consider factors such as:

• The emotional ties between the child and the grandparent: Courts will look at the relationship between the grandparent and the child, including how often they interact and the strength of their bond.

• The moral fitness of the child’s parents: If the court finds that the parents are unfit to care for the child, that could play into the decision, especially if it relates to the well-being or safety of the child.

• The preference of the child: If the child is old enough and mature enough to make a reasonable decision, their preference about seeing their grandparents can be taken into account.

• The effect of visitation on the child’s well-being: The court will assess whether regular contact with the grandparent will benefit the child’s physical, emotional, and psychological well-being.

• The parents' ability to allow visitation: If a parent is actively blocking the relationship between the child and the grandparent, that could work in favor of granting visitation rights to the grandparents.

Grandparents’ Custody Rights: A More Complex and Limited Option

Seeking custody is a much more difficult legal path for grandparents. While grandparents can pursue custody, Michigan courts give great deference to the parental rights of the child’s biological parents. In order for grandparents to obtain custody, they must overcome a significant legal hurdle known as the "parental presumption"—the idea that parents are usually in the best position to make decisions for their child.

A grandparent may seek custody if:

• The parents are unfit: This could include situations of abuse, neglect, substance abuse, or if the parents have abandoned the child. The grandparent must prove that the parents are unable or unwilling to care for the child properly.

• The child has been living with the grandparents for a significant amount of time: If the child has been in the grandparents’ care for a substantial period, and it would be disruptive to remove the child from that environment, the grandparents might have grounds to seek custody.

• The child’s safety is at risk: If the child is in a situation where their safety or well-being is in danger with the parents (e.g., due to domestic violence or neglect), grandparents can petition the court for emergency custody.

How to File for Grandparents' Rights in Michigan

Grandparents who wish to pursue visitation or custody must file a formal petition in the family division of the circuit court in the county where the child lives. A well-prepared petition will typically include:

• Proof that the grandparent has a significant relationship with the child.

• Evidence that visitation or custody is in the best interest of the child.

• Any documentation regarding the parents' unfitness (in custody cases) or reasons visitation is being denied (in visitation cases).

It is important to note that the courts will not automatically grant visitation or custody to grandparents. The burden of proof is on the grandparent, and parents generally have a strong presumption of right to care for their children unless they are proven to be unfit.

Can Grandparents Be Denied Visitation or Custody?

Yes, grandparents can be denied visitation or custody if the court finds that it is not in the child’s best interest, or if the court determines that the parents’ rights outweigh the grandparents' claims. Courts are often reluctant to interfere with a parent’s decision to limit contact with a grandparent unless there is a compelling reason to do so, such as abuse or neglect.

How a Michigan Family Law Attorney Can Help

Grandparents seeking visitation or custody rights should consult with an experienced Michigan family law attorney. An attorney can help grandparents navigate the often complicated legal process, gather necessary evidence, and present a strong case to the court. Understanding the law and having skilled legal representation is crucial for grandparents who want to protect their relationship with their grandchildren.

Final Thoughts

Grandparents play an important role in many families, and in Michigan, there are legal avenues for them to seek visitation or even custody under the right circumstances. However, these cases are rarely straightforward and require a thoughtful approach. Understanding Michigan’s laws and having a qualified attorney to advocate on your behalf can make all the difference in securing or maintaining a meaningful relationship with your grandchildren.

At Richards Family Law, we understand that navigating divorce and child custody matters can be overwhelming and emotionally challenging. Our dedicated team of experienced attorneys is committed to providing you with the best legal advice tailored to your unique situation. We prioritize your family's well-being and work diligently to ensure your rights are protected throughout the process. From negotiating fair settlements to advocating for your children’s best interests, we are here to guide you every step of the way. Trust Richards Family Law to deliver compassionate support and expert legal representation as you move forward to a brighter future.