What to Know About Grandparenting Time in Michigan

In any custody matter, whether disputed or not, the court is required to use the best interests of the child standard. A grandparent’s request for grandparenting time with their grandchildren follows the same principle. A grandparent seeking time with a grandchild is different from a grandparent seeking custody of the child. By statute, there are several situations in which a grandparent may legally seek time with their grandchildren.

Where to File for Grandparenting Time

The appropriate forum to initiate an action for grandparenting time depends on whether and where a court already has jurisdiction over the child with whom the grandparent is seeking time.

Limits on Seeking Grandparenting Time

MCL 722.27b identifies the scenarios that would give a grandparent standing to bring a claim for grandparenting time. Additionally, there are limits under some of the scenarios that would preclude a grandparent from seeking parenting time when they otherwise may have standing to do so.

A person may not obtain grandparenting time with a child if they are the parent of the child’s father and paternity between the child and the father has not been legally established. There are instances when parents of a presumed (putative) father may seek grandparenting time, but that requires the presumed father to have “…provided substantial and regular support or care in accordance with the putative father’s ability to provide the support or care.” (MCL 722.27b (2)).

Michigan courts will respect a fit parent’s decision to limit or eliminate time between a child and their grandparent(s). Absent the grandparent showing by a preponderance of the evidence that a denial of grandparenting time would create a “…substantial risk of harm to the child’s mental, physical, or emotional health,” the court will respect a fit parent’s decision to deny the grandparent time with one or more grandchildren. (MCL 722.27b (4)(b)). When seeking to show that a denial of grandparenting time creates a substantial risk to the mental, physical, or emotional health of a child, it is crucial that grandparents identify all the facts and details to support their claim.

If both of the child’s parents (deemed fit to parent) sign an affidavit opposing grandparenting time, the court may dismiss a grandparent’s pleading requesting the same. Even if a grandparent seeking time with one or more grandchildren can overcome the burden required, the court still needs to consider the best interest factors to determine whether it is in that specific child’s best interest that an order for grandparent time be entered. The best interest factors to be considered are outlined in MCL 722.27b.

What to Expect in a Grandparenting Time Action

If a request for grandparenting time is dismissed early on, the case will end upon dismissal of the action. However, a grandparenting time case can take a significant amount of time and can include one or more hearings, mediation, Friend of the Court intervention, and other legal processes.

If you have questions about your specific circumstances—whether you are attempting to prevent a grandparent from obtaining time with the children or intend to seek time with your grandchildren—contact McKinney Vos for a free consultation.