Few relationships compare to the special bond between a grandchild and a grandparent. If you believe your grandchild’s parents have wrongfully denied you time with your grandchild, you may be able to obtain a court order granting you visitation. Located in Livonia, the attorneys at Creighton McLean & Shea PLC represent grandparents seeking visitation throughout the Detroit metro.
Seeking Visitation Rights In Court
To secure visitation time with your grandchild, you may need to take court action. Michigan law allows grandparents to petition the court for grandparenting time if:
- Your grandchild’s parents are divorcing, separating or annulling their marriage, or if they have already done so
- Your grandchild’s parents never married and do not share a residence. Paternal grandparents may only petition the court if the father legally established paternity and pays child support
- Your grandchild lives with someone other than the parents
- You have acted as a custodian for your grandchild in the past year, with or without a court order of custody
Michigan courts hold that parents have a right to parent their children as they see fit. The court will presume that parents are protecting the child’s best interests by denying grandparent visitation time. You must prove your grandchild will suffer, either physically, mentally or emotionally, by not spending time with you. However, if both parents, not including a stepparent, sign an affidavit denying your request, the court will dismiss your petition for visitation time.
Working Toward An Agreement
Arguments between parents and grandparents over the right to spend time with a child can be especially emotionally charged. Our team works to understand the specifics of your case before advising you on what approach to take. Learn more about grandparents’ rights by speaking with one of our lawyers. To schedule an appointment, please call 734-245-9289 or contact us online.