The Most Common Myths about Grandparents’ Rights in Michigan

When a couple decides to divorce, they are not the only ones affected.  The ripple affects spread to children and extended family members like grandparents.  If the divorce is contentious, it could become very difficult for grandparents and grandchildren to spend time together, which can be devastating for everyone involved.

There is an assumption that grandparents have no rights where grandchildren are concerned, and that they must abide by the wishes of parents.  Is that true?  Or can grandparents legally seek visitation time?  Here are a few common myths about grandparents’ rights in the state of Michigan.

Grandparents Can’t Seek Visitation

It isn’t necessarily easy for grandparents to obtain court ordered visitation time, but it is possible in the state of Michigan, thanks to a change in the law in 2005.  At that time, the law preventing grandparents from seeking visitation was challenged as unconstitutional, and the result was that grandparents may now legally seek and be granted visitation.

Unwed Parents Could Throw a Wrench in the Works

When parents seek divorce, the familial line is already legally established through marriage, but what if parents never wed?  How does that affect grandparents’ rights to visitation?  It doesn’t necessarily have an impact unless paternity has not been sufficiently established.  If there is some doubt about paternity, a petition for a paternity test may be necessary to prove lineage before grandparents can seek visitation.

Adoption Precludes Visitation for Grandparents

Again, this is untrue.  Just because parents decide to put children up for adoption doesn’t mean that biological grandparents have to resign themselves to being cut out of the child’s life.  When children are adopted by a third party, grandparents will only be allowed visitation if the adoptive parent(s) agree to it.

However, if a stepparent married to a custodial parent adopts children, meaning that the non-custodial parent loses all legal rights and responsibilities, grandparents can still petition for visitation.  This is true even in cases where the custodial parent dies and the children are left in the care of the adoptive stepparent.

Grandparents Have a Right to See Grandkids

Unfortunately, this isn’t always the case.  Grandparents have the right to seek visitation, but being granted visitation by the court isn’t a foregone conclusion, as several factors will be considered.  In order to receive visitation, grandparents must prove that children will suffer emotional, mental, or physical harm if denied access to grandparents.

This is no easy thing to prove, and it can be impacted by bad behavior on the part of grandparents, such as prior or current alcohol or drug abuse, allegations of abusive behavior toward grandchildren, and so on.

Grandparents Get the Same Visitation Rights as Non-Custodial Parents

While it is true that several of the same factors are considered when determining grandparents’ rights to visitation, there’s no guarantee that the visitation will be commensurate to a parent.  The court will review each case to determine the amount of time and scheduling for grandparent visitation if parents and grandparents are unable to come to an agreement on their own.

Seeking visitation as a grandparent is not easy, but with the help of qualified attorneys, it can be accomplished.  Contact The Gucciardo Law Firm today at 248-723-5190 to get started.