United States’ households changed dramatically over the last 50 years. The U.S. Census Bureau estimates that married-couple households count for 47% of all current households in 2024. Back in 1970, married-couple households counted as 71% of American households. Basically, family structure appears to have changed over the last half century. Other interesting statistics involve children in these changing structures. To illustrate, the U.S. Census Bureau’s data from 2022 indicates 65% of children ages 0-17 live with two married parents.

Grandparents with their grandchildren taking a selfie on an outdoor couch

This group of parents may or may not be biological parents. In fact, some are step-parents, grandparents, or adoptive parents. During 2022, 22% of children lived with only their mother, 5% lived only with their father and 4% lived with neither parent. Finally, some children live with unmarried parents. Since each family is unique, grandparents occasionally miss out on precious moments in their grandchildren’s lives.

Grandparents’ Visitation Rights in Various Family Circumstances

Michigan courts look at the best interests of the child when determining visitation rights for any party. Since each family situation is different, it becomes necessary to examine various scenarios. For example:

  • Married parents: When grandchildren live with married parents that live together, the parents decide when the grandparents may see the grandchildren. If both parents object to the grandparents seeing their grandchildren, courts will rarely interfere unless there is reason to suspect harm to the children. However, if parents disagree about visitation, then, the grandparents may want to seek legal advice.
  • Divorced parents: Once again, the courts will decide what is in the best interest of the child. If the grandparents played a large part in a grandchild’s life before the divorce, the grandparents may receive visitation. For example, if the grandparents provided day care or babysitting for a year or longer, the child may miss them. In this case, visitation may be granted provided the grandparents are deemed morally fit.
  • Grandchildren of unmarried parents: Once paternity is established, the father’s parents may seek visitation. The mother’s parents may also seek visitation if necessary. As always, the best interests of the child remain most important to the court.
  • Grandchildren raised by grandparents, then later by parents: In certain situations, grandparents may temporarily raise grandchildren. For instance, if the biological parents are too young, have drug problems, or other health issues, grandparents may take over care of their beloved grandchildren. However, when the situation changes, children may be returned to biological parents. When this happens, hopefully grandparents may still see their grandchildren. Discontinuing the relationship with grandparents may harm the children. So, if the grandparents are denied visitation, then, they may need to contact an experienced family law attorney.
  • Grandchildren living with abusive parents: This is a heartbreaking situation AND illegal. Contact an attorney immediately if you suspect your grandchildren are being physically or emotionally abused. The court will investigate and may grant custody to the grandparents if the child is in danger. Your attorney will advise you on what action to take. Of course, never leave your grandchild in a dangerous situation. Call the police, or, remove the child if absolutely necessary.
  • Grandchildren living with mentally ill or drug-addicted parents: Children living in this type of situation are being abused. Contact an attorney immediately for advice. Similar to the abusive parent situation, do not leave your grandchildren in a dangerous situation.
  • Grandchildren adopted by another family: Under Michigan law, when children are adopted by another family, grandparents’ rights are terminated. The only exception is when a step-parent adopts your grandchildren. If your child has been replaced by a step parent and you no longer see your grandchildren, the first step would be to ask if you could stop by and visit. If that doesn’t work, talking to an attorney would be the next step.

Laws Regarding Grandparents’ Visitation Rights

Michigan Compiled Laws Section 722.27b outlines the circumstances where grandparents may seek visitation rights. When grandparents desire court-ordered visitation they must follow legal statutes. Thus, an experienced family law attorney is vital to navigate this complex process. Grandparents must consider the following:

  • Filing for Visitation- Grandparents may file for visitation only under specific circumstances. Your attorney will advise you if filing a case is reasonable.
  • Best Interests of the Child- The court ALWAYS looks at this as the most important factor in any visitation case. Your emotional fitness and relationship with grandchildren will be examined along with other factors. Once again, your attorney will explain what the court looks for in this area.
  • Parental Objections- If the parents oppose visitation, the grandparents must present compelling evidence to override the parents’ wishes.
  • Parental Rights Terminated- If parental rights are terminated and the child is adopted by another family, it is very difficult to obtain visitation. Once again, consult an experienced attorney for guidance on this complicated matter.