The Basics of Grandparents’ Rights in Michigan

Children are a blessing, not only to their parents, but to the many relatives who experience the joy they bring and who come to love them as they grow. In an ideal world, everyone would get along and children and adults alike could benefit from loving and supportive familial relationships that include extended family members like grandparents.

Unfortunately, parents and grandparents don’t always get along, and family ties can get tangled when parents separate, divorce, or even die. In such circumstances, both children and grandparents may suffer as they are kept apart by circumstances beyond their control. What recourse do grandparents have to remain in contact with grandchildren when parents or legal guardians deny them access for some reason? Here’s what you need to know about grandparents’ rights in Michigan.

Petitioning for Visitation
There are specific circumstances in which grandparents may petition the courts to assign visitation, or grandparenting time, including instances of divorce (or pending divorce), parents that aren’t married and don’t live together, or the death of a parent that is also the child of the grandparents, among other things. Parents may contest these petitions and receive a court hearing.

When it comes to deciding whether or not to grant visitation to grandparents, courts must consider a number of factors. For one thing, fit parents have the right to determine who is allowed access to children, which means grandparents must prove that a child will suffer some mental, emotional, or physical harm if grandparenting time is denied. This could be an uphill battle.

If visitation is approved, the court must then decide the extent of visitation, and this is based on several factors, such as the relationship and bonds between grandparents and grandchildren; the moral, physical, and mental fitness of grandparents; a history of child abuse by grandparents; the relationship between parents and grandparents (whether amicable or hostile, for example); and the preferences of children, among other things.

Petitioning for Custody
In cases where grandparents believe that parents are unfit to raise a child for some reason, or more often, when biological parents pass away, grandparents may go beyond petitioning for visitation in order to petition for custody of children.

If parents are still living and they’re determined to be fit, it’s practically impossible for grandparents or other relatives to obtain custody of children. This is because of a Supreme Court ruling, which holds that people have a right to their children. The only real way to overcome this prejudice is to prove that parents are unfit.

In situations where both biological parents have passed away, there’s a much greater likelihood of grandparents being granted custody. However, any number of extended family members, including the other set of grandparents, siblings of the parents, and more may also seek custody, which could result in a battle.

Being denied access to grandchildren is a heart-wrenching situation, but grandparents may have options. To find out what you can do, contact the qualified attorneys at The Gucciardo Law Firm at today at 248-723-5190.