Grandparents Permitted Hearing on Visitation

Nichols & Eberth, PC write:

On January 3, 2005, Governor Granholm signed into law a long awaited, and much-debated bill, which now allows grandparents the right to be heard in court should they be denied visitation with their grandchildren. Prior to this new law, grandparents had no "standing" to even bring the issue before a judge much less obtain visitation with their grandchildren. However, the new law only provides grandparents with the right to a hearing on the issue of grandparent visitation. It will still be up to the judge as to whether or not the grandparents will actually get visitation with their grandchildren.

This new law provides the safeguards required by the Michigan Supreme Court protecting parental rights - as guaranteed by the Constitution - while setting in place standards for grandparents who have been denied seeing their grandchildren and gives them an opportunity to come to court and show why they should have a right to see their grandchildren if that request has been unreasonably denied.

Standing

The new law provides grandparents, in the following circumstances, rights to request relief from the courts to see their grandchildren, if they have been denied visitation by a parent:

1. If there is a divorce, separate maintenance, or annulment action pending between the child's parents, or such an action has already been finalized.



2. The grandchild was born out-of-wedlock and the parents are not living together. However, this only applies, to grandparents of the alleged father if he has been declared legally to be the father of the child by a proper court proceeding and the child's father provides child support in accordance with his ability to provide support or care for his child.



3. Legal custody of the child has been given to a person other than the child's parent or the child does not live in the parent's home (other than a child who has been adopted by a person who is not the child's stepparent).



4. A grandparent has taken care of a grandchild during the year before they request visitation, whether or not they have done so by a valid court order.



5. The child's parent, who is a child of the grandparent, is deceased.

If a grandparent falls into any of the above categories and has been denied visitation, they would have a right to bring an action in the court that has heard a prior action, such as a divorce or paternity action. If there has been no prior action filed in the court, then a new action would be brought in the circuit court in the county where the grandchild resides.

Any person, who has legal custody, or an order for parenting time of the child, must be given notice of the grandparent visitation request.

For more information regarding this matter, visit our website at www.MichiganAttorney.com and click on "Grandparent Visitation."