Legal Question in Family Law in Michigan
Grandparents Visitation Rights
I am a beginning law student 2nd semester in college. I was reading your legal question section.And there was a question about grandparent visitation. And the answer was grandparents have no visitation rights in michigan. Then I read the child custody act of 1970 (Act 91) MCL 722.27b (1)
''Except as provided in this subsection,a grandparent of the child may seek an order for grandparenting time only if a child custody dispute with respect to that child is pending before the court. Under (3) it also states that a grandparent my seek an order for grandparenting time.Has this changed? How would I find out? Any help would be appreciated. Thank-You! From Michigan
1 Answer from Attorneys
Re: Grandparents Visitation Rights
The point is, that unless there is a custody dispute or at least some parenting issue pending between the parents, the grandparents cannot petition the court. They have no standing. The court has no jurisdiction. This is a problem that must be addressed by the legislature. However, one way around this is if the child really has no one else..let's say a parent is incapacitated and the other parent has left the area, for example, the grandparent may be appointed a temporary guardian in the probate court. Bill Stern