FAQs About Gaining Visitation Rights As a Grandparent in Michigan

Many modern households require two incomes, which can leave parents with a tough choice – what to do with young children during the day. Daycare is an expensive and often undesirable option, but grandparents may provide an alternative solution.

Naturally, family situations differ, but with many grandparents enjoying free time and good health well into retirement, helping out with childcare is a great option, especially when they live nearby. That said, the relationship between grandparents and grandchildren can be compromised when parents separate or divorce, or when one parent doesn’t get along with grandparents (either blood relations or in-laws).

These types of situations can make it difficult for grandparents to carry on relationships with their grandchildren. Is there any recourse for grandparents seeking time with children? Is there a legal right to visitation? Here’s what you need to know.

Petitioning for Visitation
Unfortunately, grandparents may only petition for visitation, or “grandparenting time” with grandchildren under specific circumstances. For example, grandparents may seek visitation if parents are divorced or a divorce is pending, or if the parents were never married, they currently reside in different households, and paternity has been established. In cases where paternity has not been established, the parents of the alleged father cannot petition for visitation until paternity has been established.

Grandparents may also seek visitation if their child (the father or mother of the grandchildren) has passed away. In addition, they can seek visitation if the child is in the legal custody of another individual, such as a step-parent or foster parents, just for example. Finally, grandparents that have provided a custodial environment for children in the preceding year may petition for visitation.

Contesting the Motion
Just because grandparents petition for visitation does not mean it’s a foregone conclusion. Chances are that such a petition only becomes necessary because there is some kind of rift between parents and grandparents that has resulted in grandparents being denied access to children. When grandparents go to court seeking legal help to rectify the situation, it doesn’t erase existing problems.

In fact, parents have the option to contest a petition for visitation. Parents have broad rights to determine whom they allow to spend time with their children, and this includes family members like grandparents. As long as the parent or parents in question are deemed fit, they have the right to deny grandparenting time, and if they contest a petition for visitation, the court will have little choice but to side with them.

If a parent or parents contest a petition for visitation, a court hearing will be held. However, the onus is on grandparents to show that there is a “substantial risk of harm to the child’s mental, physical, or emotional health” if grandparenting time is denied. This can be difficult to prove, in which case the petition for visitation will be dismissed.

In an ideal world, families would get along and everyone would work together to raise children and ensure a safe, healthy, and happy living environment. Unfortunately, it’s not uncommon for disagreements between parents and grandparents to get in the way. If this is the case in your family, contact the experts at The Gucciardo Law Firm at 248-723-5190 today to explore your legal options.