Co-parent with confidence
Use our Free Co-parenting App
The Michigan Child Custody Act of 1970 (Act 91 of 1970), outlines the circumstances under which a grandparent can seek a grandparenting time order. These circumstances include pending actions for divorce, separate maintenance, or annulment involving the child's parents, the death of a parent who is a child of the grandparents, divorced or separated parents, unmarried parents not residing together, and cases where legal custody is given to someone other than the parent or the child is placed outside the parent's home. A grandparent can initiate the process by filing a motion or complaint in the appropriate circuit court. The court, in evaluating the request, considers factors such as the emotional ties between the grandparent and the child, the length and quality of their prior relationship, the grandparent's fitness, and the best interests of the child. The court may dismiss the motion if both fit parents oppose it, but exceptions exist for a deceased parent or a stepparent who adopted the child. The court's order does not confer parental rights and does not prevent the court from addressing custody, parental rights, or adoption. The right to file a complaint is restricted to once every two years, and the court may order attorney fees for the prevailing party. The court must not prohibit a change of domicile unless primarily done to allow grandparenting time. Modification or termination of a grandparenting time order requires a finding of changed circumstances and potential harm to the child's well-being. The court must make a record of its analysis and findings, and adoption generally terminates a grandparent's right to seek grandparenting time, except for cases involving a stepparent adoption.
Related: Grandparent Visitation Schedule
Delving into the intricate landscape of family law, Michigan's journey in recognizing and defining grandparent visitation rights has seen significant milestones. The genesis of these rights traces back to the original Child Custody Act of 1970 (1970 PA 91). Initially, limited to specific circumstances, the Act granted grandparents visitation rights upon the death of an adult child, leaving behind a minor child and surviving parents. However, the evolution of these rights unfolded through subsequent amendments, most notably in 1980 PA 161 and 1982 PA 340.
1980 PA 161 marked a pivotal shift, expanding the scope to include maternal or paternal grandparents' rights. The conditions for seeking grandparent visitation extended to instances where it was in the child's best interest and tied to a child custody dispute submitted to the circuit court. The transformative 1982 PA 340 further broadened these rights, laying the foundation for grandparents to request visitation under various circumstances.
Michigan's grandparent visitation statutes, encapsulated in MCL 722.27b, afford grandparents the right to seek visitation under diverse scenarios:
The aftermath of the Troxel v. Granville case in 2000 prompted questions about the constitutionality of grandparent visitation laws. Contrary to initial misinterpretations, the United States Supreme Court upheld the constitutionality of such laws, emphasizing a case-by-case approach. A notable Michigan case, Terry v. Affum, reinforced the state's stance, asserting that Michigan's Third-Party Visitation Statute remains distinct from the overbroad statute challenged in Troxel.
Despite constitutional validation, questions lingered about the treatment of children born out of wedlock under Michigan law. The Legislature addressed this concern with the 1996 PA 19 amendment, replacing "grandparent visitation" with "grandparenting time." However, disparities in treatment persist, as demonstrated by House Bill 4283, currently pending, aiming to rectify the unequal protection of the law for children born out of wedlock.
Two significant obstacles must be addressed for a Michigan court to grant grandparenting time. There is a legal presumption in Michigan that a fit parent's denial of grandparenting time poses no substantial risk to the child's mental, physical, or emotional health. To overcome this presumption, grandparents must present a "preponderance of the evidence" showing that the grandchildren would suffer mental, physical, or emotional harm without spending time with them. The judge will only proceed to the second phase if potential harm to the children is demonstrated.
Factors Considered for Best Interests:
The court evaluates the child's best interests based on ten factors, including:
If the judge determines it's in the grandchild's best interest, a court order for reasonable grandparenting time will be issued. The specifics of the amount of time and circumstances for visits depend on the unique facts of each case.
A: No, Michigan law prioritizes parental rights. You don't have automatic visitation rights. However, grandparents have the option to seek grandparenting time through the court under specific circumstances. This includes instances of legal separation, divorce, or annulment of the child's parents. If one of the child's parents, who is the child of the grandparents, has passed away, the grandparents can also request visitation. Additionally, situations such as unmarried or non-cohabiting parents, legal custody by someone other than the parent, and the child being removed from a parent's home allow grandparents to seek visitation. Furthermore, if the grandparent provided a custodial environment for the child for at least a year before the request, they may be eligible for visitation.
List of circumstances that qualify for grandparenting time:
A: Grandparents can obtain visitation with their grandchild through communication and agreement with the parent or guardian, establishing a grandparenting schedule. If an agreement cannot be reached, grandparents have the option to request a court order for visitation. To initiate this process, grandparents must file a motion with the family court having jurisdiction over the matter. Alternatively, they can file a motion or complaint in the circuit court in the county where the child resides, accompanied by an affidavit detailing the relevant facts of the visitation request. The court may schedule a hearing to hear from all parties involved before making a decision. Typically, the court bases its decision on the best interests of the child, and if it deems a relationship with grandparents beneficial for the child, visitation is often granted.
A: The court's primary concern is the child's best interests. They'll consider factors such as:
A: Several resources can provide support and guidance:
A: Even if you don't have formal visitation rights, there are ways to stay connected with your grandchildren:
Remember, being a grandparent is a privilege, not a right. However, understanding your rights and taking proactive steps can help you maintain a strong and loving bond with your grandchildren.
Warning: This post is neither financial, health, legal, or personal advice nor a substitute for the advice offered by a professional. These are serious matters, and the help of a professional is recommended as it can impact your future.