Legal Question in Family Law in Michigan
Grandparents rights
My son is going through a divorce with a custody issue of one child. My daughter-in-law and her mother claim that I have less rights as a grandparent than they do since I am the grandmother on the fathers side. Since it is her daughters child she has more rights. Please tell me if this is true? Does anyone grandparent have more rights than the other?
2 Answers from Attorneys
Re: Grandparents rights
To Whom It May Concern:
This is in response to your email of June 17, 2001, which this office received on June 28, 2001.
The grandparents of a child have essentially no custody rights of their own. Whatever access they have to the child comes through the parenting and custody rights of the child�s parents. In other words, your access to your grandchild will depend upon what custody rights your son is ultimately awarded. From the limited facts presented in your email, I cannot venture an opinion as to which parent is most likely to be awarded physical custody of the child.
Sincerely,
Charles L. Nichols
(313) 561-5700
Re: Grandparents rights
The legal answer is no. Neither set of grandparents have any rights except through their child. If you have a good relationship with your son then he should allow you to see your grandchildren as often as he will allow providing he has custody. If he doesn't have physical custody then you will have to see the children during the times he has parenting time as well as any other times the custodial will allow. Good luck.
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