The relationship between a grandparent and a grandchild is special. It can be every bit as nurturing and meaningful as one between a child and a parent. Unfortunately, not everyone appreciates this special bond.
While grandparents don’t have the same rights to visitation and custody as parents do, they have some legal options when they’re prevented from seeing their grandchildren. At Alward Fisher, we are committed to helping grandparents stand up for their rights and responsibilities to the people they love.
Contact us today to speak with an experienced grandparents’ rights lawyer in Traverse City, MI. We offer free, no-obligation consultations. There’s no risk in finding out how we can help you preserve the special time you have with your loved ones.
Do Grandparents Have Legal Rights?
While grandparents don’t have the same rights as parents and legal guardians, grandparents’ rights are outlined in the Michigan family code. Michigan courts may grant them visitation rights to their grandchild in some circumstances. As a grandparent, you may be able to seek visitation if any of the following apply:
- A case for the grandchild’s parents’ divorce, legal separation, or annulment has either been filed or finalized
- Your child, who is the grandchild’s parent, has passed away
- You had custody of the grandchild at some point within the last year
- The grandchild’s parents were never married or lived together, but paternity has been established
- Someone other than a biological parent has legal guardianship over the child
Can I Sue For Grandparents’ Rights?
For many grandparents, visitation with their grandchildren is an informal affair. It is often understood rather than spelled out in a document. However, such casual agreements are not legally enforceable. These agreements can leave grandparents unable to see their grandchildren if their relationship with their grandchildren’s legal guardians becomes strained or breaks down entirely. When a formal agreement cannot be reached, grandparents may be able to go to court to seek visitation rights.
How to File for Grandparents’ Rights in Michigan
Filing for grandparents’ rights in Michigan typically goes one of two ways.
- Filing a motion with the court – This process involves a grandparent asking a judge to grant them time with their grandchild. Generally, the individual will need to prove that the child will suffer from mental, emotional, or even physical harm if they are prevented from seeing their grandparent. They may also need to prove that spending time with the child does not put the child’s health at risk in any way.
- Filing a legal complaint – This complaint needs to include an affidavit that lays out all the facts of the situation. It must also support that the grandparent deserves visitation rights.
Michigan judges will also want to know whether it is in the child’s best interest to continue spending time with their grandparents. To do this, a judge will consider the following:
- The emotional ties between grandparent and child
- The grandparent’s moral fitness
- The grandparent’s physical and mental health
- The length and quality of the relationship between the grandparent and child
- The child’s preference, if they are old enough to express an opinion
- The willingness of the grandparent to encourage a relationship between the child and the child’s parent or guardian
- The grandparent’s history of physical, emotional, or sexual abuse or neglect
- The impact on the child of hostility between the grandparent and parents
- Whether the parent decided to deny contact due to the child’s well-being
The success of your petition may depend on the strength of the evidence and argument you present to the court. An experienced grandparents’ rights lawyer in Michigan can help you build the best case for your circumstances.
Do I Need a Lawyer to Help with Grandparents’ Rights?
You should consult with an experienced family law attorney if you decide you want to pursue your grandparents’ rights in Michigan. While grandparents have some legal rights concerning their grandchild, proving that they qualify for visitation can be difficult. You’ll have to demonstrate to the courts that being denied visits with your grandchild will cause them harm. This may require substantial evidence and a compelling argument.
Family law cases can be as emotionally difficult as they are legally complicated. A grandparent’s right to visit their grandchild is often brought into question by divorce, adoption, or death. Being denied access to a beloved grandchild is not merely a legal problem but a personal one as well.
At Alward Fisher, we understand the challenges you’re facing and are prepared to offer you compassionate legal support during this difficult time. We want to defend your rights and fight for your relationship with the grandchild you love. We’ll gather any necessary documents, secure witness statements, and help in any way we can.
How the Grandparents’ Rights Lawyers in Traverse City, MI Can Help
The grandparents’ rights lawyers at Alward Fisher are skilled in mediation and litigation. We work with grandparents to seek visitation rights and help them maintain strong and healthy relationships with their grandchildren. We want to restore relationships with minimum stress and help grandparents successfully resolve their situations.
If you need help safeguarding your rights as a grandparent in Michigan, contact our office today to discuss your options with a compassionate family lawyer. Your grandchildren are worth fighting for, and we are prepared to help you in that fight.