Michigan Courts prioritize parental rights over grandparents’ rights in regards to visitation. In other words, grandparents do not have an automatic right to visit their grandchildren. However, the Court does recognize circumstances where grandparent visitation may be in the best interest of the child. Michigan Compiled Laws (MCL) 722.27b outline numerous circumstances where a grandparent may petition the Court for visitation. These laws are complicated. So, contact an experienced family law attorney who understands these complex statutes.
Legal Process
Since Michigan law limits the circumstances in which grandparents may seek visitation, your attorney will guide you through this process.
Determine Eligibility to File – The Court may grant visitation if one of the following conditions apply:
- The child’s parents are in the process of divorce, or are separated.
- The child’s parents are divorced or separated.
- The child’s parent who is the child of the grandparent is deceased.
- Both parents are deceased.
- The child is in the custody of someone other than the parents.
- During the previous year, the grandparent provided a custodial residence for the child.
File a Petition for Visitation – Your attorney will file a petition in the circuit court where the child resides. The petition must include:
- The reason grandparents are requesting visitation. This must be significant. If the child’s parents are mentally healthy and wonderful parents, you may not file a petition simply because you want to see your grandchildren more often. Basically, grandparents must have a good reason.
- The grandparent’s relationship to the child remains important.
- Evidence that supports the claim that visitation is in the child’s best interest is vital. The Court places the child’s best interest above all other factors.
Notify the Parents – Your attorney will advise you on this matter. This is not your responsibility, this is now a legal matter.
Parents Approve or Contest the Request
If parents approve and comply with the request for grandparent’s visitation the matter is settled by the Court. However, if the parents contest the request, the grandparents must provide clear evidence that supports why visitation is in the child’s best interest. The Court examines a variety of factors when deciding what is in the best interest of a child’s physical, mental, and emotional health. Some factors include:
- Grandparents’ physical and mental health
- The child’s age and preference (if old enough to decide)
- Grandparents’ background including criminal activity, abuse, or neglect charges
- How grandparent visitation affects the parent-child relationship. In other words, will this arrangement cause unnecessary stress for the child?
- The love and affection between child and grandparent is also considered.
- Parental unfitness or absence may be looked at when granting grandparents visitation time. If grandparents provide a safe, stable environment, the Court may order visitation time. Usually this happens when the Court wants to provide stability for the child. This is especially true in cases where one parent may be in prison, on drugs, an alcoholic, suffering from mental illness, or in child neglect cases.
Modification of a Court Order
Family situations often change. One example may include grandparents with extensive visitation rights during a period of a parent’s illness. If the parent recovers, grandma or grandpa may not be needed as often. Then a Court Order may be modified.
Of course, this depends on the individual situation and the length of time the grandchild was with the grandparents. Other considerations include the type of illness involved, any abuse allegations, and the age of the child. Naturally, Courts look at every factor and consider the best interests of the child. Once again, contact an experienced family law attorney to navigate these complicated issues.
