Grandparents Rights in Michigan Are Available Under Michigan Law
If your children are divorced and you are not able to see your grandchildren, it is possible to go to Court and see your children. Grandparenting time is also available when your child passes away or is incarcerated. Grandparents rights in Michigan require the assistance of an experienced Michigan grandparents rights attorney. Bruce Law Firm has family law lawyers in Monroe, Michigan to assist you.
Grandparents Rights in Michigan do exist under MCL 722.27b
Grandparents rights in Michigan do exist under Michigan statute. In particular MCL 722.27b provides in pertinent part:
“(1) A child’s grandparent may seek a grandparenting time order under 1 or more of the following circumstances:
(a) An action for divorce, separate maintenance, or annulment involving the child’s parents is pending before the court.
(b) The child’s parents are divorced, separated under a judgment of separate maintenance, or have had their marriage annulled.
(c) The child’s parent who is a child of the grandparents is deceased.
(d) The child’s parents have never been married, they are not residing in the same household, and paternity has been established by the completion of an acknowledgment of parentage under the acknowledgment of parentage act, 1996 PA 305, MCL 722.1001 to 722.1013, by an order of filiation entered under the paternity act, 1956 PA 205, MCL 722.711 to 722.730, or by a determination by a court of competent jurisdiction that the individual is the father of the child.”
Grandparents rights in Michigan apply in very specific circumstances as you can see. If you grandchildren’s parents are in a divorce, a legal separation or an annulment or they are otherwise unavailable you may have legal rights to see your grandchildren. It is important to talk to a knowledgeable grandparents rights attorney to help navigate this process.
Procedure for Securing Your Grandparent Rights in Michigan
If you feel you qualify for grandparent visitation Bruce Law Firm can assist you in filing the required motion or complaint for grandparent visitation rights. A motion can be filed in an open divorce, child custody or annulment case. If one doesn’t exist then a complaint would be filed in the county circuit court where the grandchildren reside.
Best Interest of the Child Factors for the Court to Consider in Determining a Grandparent Visitation Order
Once the complaint or motion is filed the court will schedule a hearing. The Court will look at the following best interest factors as they relate to the grandchildren and the grandparents:
- The emotional ties shared by the grandparents and the grandchildren
- The nature and quality of the prior relationship shared between the grandparents and grandchildren
- The physical and mental health of the grandparents
- The moral fitness of the grandparents
- The prior history of abuse
- The grandchild’s reasonable preference as to the visitation
- The willingness of the grandparents to foster a good relationship between the parents and the grandchildren
- The reasoning the parents are denying the grandparents any visitation rights
- Any other factors the Court deems relevant
Clearly having an attorney for this type of hearing is essential to gain your visitation rights. The Court will look at these factors and determine what is in the best interest of the child to determine an appropriate amount of visitation time. The Court at this point would issue a grandparent visitation schedule with specific times for visitation.
Contact a Family Law Attorney in Monroe
Contact Bruce Law Firm to help you secure your grandparents visitation rights. We can evaluate your case and help you make an informed decision as to the best way forward. Call today for a free consultation with one of our family law attorneys.
Whether you are in need of an attorney in the Monroe Michigan or Downriver Michigan areas our law firm is available to meet and consult with you at your convenience.