For many grandparents in Oakland County, the relationship with their grandchildren is one of the most cherished in life. But when parents divorce, separate, pass away, or become estranged, grandparents in cities like Troy, Southfield, Bloomfield, Novi, Oak Park Huntington Woods, and Farmington Hills may be cut off from those grandparent relationships. Some of the attorneys in our firm are grandparents. We know how precious those grandchildren are. We cherish every second with them.
Fortunately, Michigan law allows for grandparents to seek visitation, but only in certain circumstances. Below is a breakdown of when and how you can seek grandparent visitation across Oakland County, including Novi, Farmington Hills, and Royal Oak.
When Can a Grandparent Seek Visitation in Michigan?
Under MCL 722.27b, grandparents can petition for grandparenting time in Oakland County generally, and with clarification, if any of the following apply:
- The child’s parents are divorced, legally separated, or had their marriage annulled.
- One of the child’s parents (the grandparent’s child) is deceased.
- The parents were never married, are not living together, and paternity has been legally established.
- The child was removed from the parent’s care and placed in the custody of someone else.
- The grandparent had an established custodial environment with the child within the past year. (This means the child looked to the grandparent for daily care, support, and parental guidance for an extended period.)
Filing in Oakland County: Where and How
The petition for grandparenting time must be filed in the county where the grandchild resides. The exception to this rule is when another county already has jurisdiction over the child due to a prior divorce, custody, or support case. If there is a prior or current case in a county other than the one where the child resides, then the petition should be filed in that county.
The petition must include a properly drafted, affidavit outlining the facts that support the grandparent’s claim that denying visitation would be harmful to the child. The grandparent must also provide notice to all persons who have physical custody of the child or parenting rights. This could include the child’s parents or guardians.
The Presumption in Favor of Fit Parents
Following the U.S. Supreme Court decision in Troxel v. Granville, Michigan law presumes that a fit parent’s decisions are in the child’s best interest. This is a rebuttable presumption, meaning that evidence can be presented to challenge it. The grandparent must prove by a preponderance of the evidence (greater than 50% chance of being true) that the parent’s decision to deny parenting time will cause substantial harm to the child.
If the grandparent cannot meet this burden, the court will dismiss the petition.
If the Grandparent Overcomes the Presumption
Should the grandparent meet the burden of proof, the court will determine whether the grandparenting time is in the child’s best interests by applying the best interest factors (MCL 722.23), including but not limited to:
- The emotional bond between the child and the grandparent.
- The grandparents’ role in the child’s life before the dispute.
- The physical and mental health of the grandparent.
- The child’s preference (if mature enough to express one).
- Whether there is conflict between the grandparent and the parent.
- Any history of abuse, neglect, or domestic violence.
- The grandparents’ willingness to foster the child’s relationship with the parent(s).
If the court determines that visitation is in the child’s best interest, it will order grandparenting time with a defined visitation schedule.
Key Limitations and Considerations
- A grandparent may only file for grandparenting time once every two years unless they can show good cause for an earlier filing.
- Visitation rights do not grant custody or parental decision-making authority.
- The court may modify or terminate visitation if there is a material change in circumstances and continued visitation would cause substantial harm.
- Adoption of the child generally ends the grandparent’s right to visitation, except in cases of stepparent adoption, where the grandparent is the parent of a deceased parent.
Need Help in Oakland County?
If you’re a grandparent in Oakland County, Michigan—whether you’re in Troy, Novi, Farmington Hills, Royal Oak, Birmingham, Southfield, or Bloomfield Hills —and you’re concerned about not being allowed to spend time with your grandchild, consult with a family law attorney.
Grandparent visitation cases are complex and emotionally charged. At The Kronzek Firm, we understand the importance of your time with your grandchildren. Our experienced attorneys are ready to help you navigate the legal pathway to protect your right to spend time with them.
Contact our Farmington Hills office today at (248) 479-6200 for a consultation.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]