A Legal Guide to Grandparenting Time
For many grandparents in the Lansing area and all over Ingham County, Eaton County and Clinton County, maintaining a strong relationship with their grandchildren is deeply important. But when divorce, separation, death, or estrangement happen, grandparents may find themselves facing the possibility of losing those relationships. Fortunately, Michigan law provides a means for certain grandparents to continue spending time with their grandchildren through the courts. This blog provides important information that you should be aware of regarding grandparent visitation here in Michigan.
When Can a Grandparent File for Grandparenting Time in Michigan?
Under Michigan law (MCL 722.27b), a grandparent can petition the court for grandparenting time if one or more of the following circumstances apply in their case:
- The child’s parents are divorced, legally separated, or their marriage has been annulled.
- The child’s parent (the grandparents’ child) is deceased.
- The parents were never married, live separately, and paternity has been legally established.
- The child has been removed from a parent’s home and placed elsewhere, or legal custody has been granted to someone other than a parent.
- The grandparent has provided an “established custodial environment” within the year before filing the petition. [The “established custodial environment” of a child is established if, over an appreciable time, the child naturally looks to the custodian in that environment for guidance, discipline, the necessities of life, and parental comfort. The age of the child, the physical environment, and the inclination of the custodian and the child as to permanency of the relationship shall also be considered. MCL 722.27.]
It’s important to note that if both parents are deemed fit and sign an affidavit stating they oppose grandparent visitation, the court must dismiss the case.
Where and How to File in Ingham County, Eaton County, Livingston County, and Throughout Mid-Michigan
If the court already has jurisdiction over the child through a prior custody or divorce case, the grandparent’s attorney must file their petition in that court. If no court already has jurisdiction, then the attorney for the grandparent should file their petition in the family division of the circuit court in the county where the child lives. For example, in the Ingham County Circuit Court, if the child currently resides in Lansing. When filing the petition, a the attorney will include an affidavit stating facts that support their request for grandparent visitation. The grandparent must give notice to every party with custody or parenting time rights, e.g., the parent(s) or guardian(s).
Legal Hurdles: The Presumption Favoring Fit Parents
The United States Supreme Court’s decision in Troxel v. Granville states that there is a rebuttable presumption that a parent’s decision to limit or deny grandparenting time does not harm the child. To overcome or rebut this presumption, the grandparent must prove by a preponderance of the evidence that the parent’s decision will cause substantial mental, emotional, or physical harm to the child.
This is the first element of a grandparent visitation case. The court may hold a hearing where both parties will have the opportunity to present evidence regarding the parents’ “fitness” and the potential harmfulness of their decision. If the grandparent is unable to prove that the parent’s decision will be significantly harmful, the court will dismiss the case. Michigan’s rules of evidence will apply at these grandparent visitation time hearings.
What Happens If the Grandparent Successfully Rebuts the Presumption?
If the court decides that the grandparents have met their heavy burden of proof as the first step, it will then move to whether grandparenting time is in the child’s best interests. The court will evaluate the best interest factors outlined in MCL 722.23 as they pertain to the grandparent. In addition to those best interest factors, some things courts also consider include:
- The emotional bond between the grandparent and the child.
- The grandparents’ past role in the child’s life.
- The grandparents’ moral character and health.
- The child’s preference (if of sufficient age).
- Any conflict between the grandparent and the parent.
- History of abuse or neglect.
- The grandparents’ willingness to encourage a relationship with the parent(s).
If grandparent visitation is found to be in the child’s best interests based on the factors considered, the court will enter an order for grandparent visitation with a specific schedule for when the visits will occur.
Limitations, Modifications, and Special Considerations
- Grandparents generally may not file more than once every two years, unless they show good cause.
- Grandparent visitation orders do not confer parental rights on the grandparent.
- The court may modify or terminate a grandparent visitation order if there’s a material change in circumstances and continuing visitation would cause substantial harm to the child.
- Adoption of the child will typically end a grandparent’s right to petition for visitation, except for stepparent adoption where the grandparent is the parent of a deceased parent.
Conclusion: Know Your Rights and Be Prepared
Grandparents can play a vital role in their grandchildren’s lives, and Michigan law recognizes that role. If you live in Lansing, Mason, Clinton County, Eaton County, Charlotte, or elsewhere in Mid-Michigan and you’re considering pursuing grandparent visitation, consult with an experienced family law attorney. At The Kronzek Firm, we understand how important your time with your grandchildren is. Some of our attorneys have their own children and grandchildren. We know the bond you share with them, and we’ve successfully fought this battle in the courts already. Our best-rated attorneys are ready to help you navigate the legal pathway to protect your right to spend time with them.
Contact our Lansing office today at (517) 886-1000 for a consultation.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]