Understanding And Exercising Grandparents’ Rights
Parents are not the only people who play a critical role in helping to shape a child’s life. Often other family members, including grandparents, are key figures in a child’s life who help provide for them, care for them and inspire them.
At Jackman & Kasody PLLC, a Michigan divorce and family law firm, we represent grandparents who are seeking a legal order that allows them to spend time with their grandchildren. Located in Oakland County, we also serve Wayne, Macomb, Livingston and Washtenaw counties.
In Michigan, petitions for visitation by grandparents are permitted under the following circumstances:
- The child’s parents are divorced, separated or the marriage has been annulled
- An action for divorce, separation or annulment of the child’s parents is pending
- The grandparent’s child is deceased
- The child’s parents have never been married but paternity has been established
- A third party has legal custody of the child
Courts Can Order Grandparent Visitation
There is a legal presumption that a fit parent’s decision to deny grandparents access to children should be honored. However, grandparents who can illustrate that denial of grandparenting time creates substantial risk of harm to the child’s mental, physical or emotional well-being may be successful in obtaining a court order awarding them the time they seek.
With more than 60 years of collective legal experience, our lawyers have an in-depth understanding of this complex area of law. As case law has developed and legislation has changed, the rights of grandparents have often been limited and unclear. We stay up-to-date on the current legal trends and help grandparents build compelling cases based on the factors considered by the court.