Family relationships can become complicated, especially after a divorce, separation, or the loss of a parent. In some cases, grandparents find themselves shut out of their grandchildren’s lives. This can be emotionally painful and confusing. The good news is that Michigan law does allow grandparents to petition for visitation rights under certain conditions.

Understanding Grandparent Visitation Rights

Michigan law recognizes the important role that grandparents play in a child’s life. However, these rights are not automatic. Grandparents must meet specific legal requirements and demonstrate that visitation is in the best interest of the child.

When Can Grandparents Petition for Visitation?

Grandparents can request visitation in Michigan if one of the following situations applies:

The child’s parents are divorced or legally separated
One parent is deceased
The child was born out of wedlock and the parents are not living together
A legal custody action has been filed involving the child

It’s important to note that if both parents object to visitation, the court will presume that their decision is in the child’s best interest. Overcoming this presumption requires strong evidence.

What Do Courts Consider?

When reviewing a grandparent visitation petition, Michigan courts evaluate several factors to determine whether the request supports the child’s welfare. These include:

The existing relationship between the grandparent and the child
The effect visitation may have on the child’s relationship with their parents
The physical and emotional health of the child
Any history of abuse or neglect by the grandparent
The child’s preference, depending on age and maturity

What Rights Don’t Grandparents Have?

Grandparents do not have the same legal standing as parents. They cannot override a parent’s decision without meeting the court’s strict requirements. Additionally, they cannot typically petition for visitation if the nuclear family is intact and both parents agree to deny visitation.

Taking Legal Action

If you are a grandparent who has been denied access to your grandchildren, it’s crucial to consult a family law attorney. The process involves filing a petition with the family court and providing clear evidence that visitation would benefit the child.

At Harris & Literski, we understand how emotionally charged these cases can be. Our family law team will take the time to understand your unique circumstances and guide you through every step of the legal process.

Rebuilding Family Connections

Legal action should be a last resort. If possible, try to resolve visitation disputes through open communication and mediation. But if your relationship with your grandchildren is being unfairly restricted, Michigan law does provide a path to protect those important bonds.

Contact our office today to learn more about your options and how we can help you seek visitation rights under Michigan law.

Do Grandparents Have Rights to Visit Grandchildren in Michigan? A Family Lawyer Explains