Grandparent Visitation Rights
Grandparents have a right to petition the court for visitation, but, in order to give deference to the decisions of fit parents, it is presumed that a fit parent's decision to deny visitation to a grandparent does not create a substantial risk of harm to the child's mental, physical, or emotional health. To overcome this presumption, the grandparent must show, by a preponderance of evidence (more likely than not) that the visitation is in the best interests of the child. It is important to remember the court's primary interest as regards visitation is the best interests of the child. If the case should go on to the appeals stage, the court may impose a stricter, more difficult standard for the grandparent to overcome.
A grandparent may seek grandparenting time if:
- an action for divorce, separate maintenance, or annulment involving the child's parents is pending before the court or has already occurred;
- the child's parent who is a child of the grandparents is deceased;
- the child's parents have never been married, they are not residing in the same household, and paternity has been established;
- legal custody of the child has been given to a person other than the child's parent or the child is placed outside of and does not reside in the home of a parent; or
- in the year preceding the commencement of the action for grandparenting time, the grandparent provided an established custodial environment for the child, whether or not the grandparent had custody under a court order.
(MCL 722.27b)
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