Kalamazoo, MI asked in Family Law for Michigan

Q: As a Grandparent, What are my rights as far as visitation?

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1 Lawyer Answer
Jeffrey Noe
Jeffrey Noe
  • Ann Arbor, MI
  • Licensed in Michigan

A: Under Michigan law, a grandparent may seek "grandparenting time" if (1) an action for divorce, annulment, or separate maintenance (legal separation) is pending before the court; (2) the child's parents are divorced, had their marriage annulled, or are living under an order of separate maintenance; (3) the grandparent's child is deceased; (4) the child's parents were never married, are not living together, and the child's father has been legally established; (5) someone other than a parent has legal custody of the child or the child has been placed outside the parent's home; (6) or the grandparent provided the child an "established custodial environment" during the year before the request for grandparenting time. After proving one of these six grounds for grandparenting time, the grandparent must prove that there is a a substantial risk of mental, physical, or emotional harm to the child if the child does not get to see the grandparents. If two fit parents agree that that the grandparent should not spend time with the child, the court will uphold their wishes.

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