Who should raise a child when their parents or guardians cannot provide adequate care? The answer in many cases is often the grandparents, as they usually have an established relationship with the child and may be better suited to care for them. However, while grandparents can fight for custody over their grandchildren, they have an uphill legal battle ahead.
When Michigan Grandparents Can Sue for Custody of Their Grandchildren
Michigan grandparents seeking custody of their grandchildren set a high legal bar to clear. To win custody of a grandchild, grandparents must demonstrate that the child’s parents or legal guardians cannot meet the child’s needs and that it’s in the child’s best interests for them to live with their grandparents. This legal standard can be difficult to prove, as the court system strongly prefers to keep children with their parents whenever possible.
Some situations where grandparents might have a strong argument for custody include:
● The Parents Are Unfit – If a child’s parents have substance abuse issues or they have neglected or abused their child, grandparents can plausibly argue that they could provide a safer and more stable environment.
● The Parents Are Deceased – If both of a child’s parents have passed away, grandparents may seek custody, especially if there are no other close relatives who can care for the child.
● Parental Incarceration – When one or both parents are in jail or prison, grandparents can step in and request custody to provide a stable home.
● Long-Term Parental Absence – If both parents have been absent for a long time – for example, if they abandoned the child or are physically or mentally unable to care for the child – grandparents can reasonably argue that they are better suited to take over care.
● The Parents Agree – In some cases, parents may agree that grandparents should take over custody due to financial instability, illness, or other issues.
Suing for Visitation Time as a Michigan Grandparent
The legal system in Michigan encourages healthy relationships between grandparents and grandchildren. However, relationships between parents or guardians and grandparents can become strained, preventing grandparents from spending time with their grandchildren. When this happens, Michigan law allows grandparents to file a lawsuit requesting “grandparenting time,” the state’s term for this type of visitation. To win such a suit, grandparents must provide evidence showing that they have an established relationship with their grandchild and that depriving the child of grandparenting time harms the child. A Michigan custody lawyer can help you make a compelling case for grandparenting time.
How Our Michigan Grandparents’ Rights Lawyers Can Help
Michigan grandparents seeking custody or visitation time need help from a skilled family law attorney. The team at The Smith Law Offices can help you with these issues by filing the necessary court forms, gathering evidence to show why you’re best suited to take care of your grandchildren, finding proof that you have an established relationship with your grandchildren, and countering any arguments from the child’s parents or guardians. We know spending time with your grandchildren is important to you, and we will use every tool we have to advocate for your rights. Call us today or complete our contact form for a free case review.
