Understanding Grandparents’ Rights in Michigan
More grandparents than ever are stepping in to raise their grandchildren. When this happens, many face difficult questions about their legal rights—especially if they don’t have the emotional or financial support of the child’s parents. Below are several legal options available to grandparents in Michigan.
1. Guardianship
When parents leave a child in a grandparent’s care for an extended time without legal authority—such as a power of attorney—the grandparent can petition the court for guardianship. This gives the grandparent the legal right to make decisions for the child.
There are three main types of guardianship:
Temporary guardianship: granted for a short period, often during an emergency before a court hearing.
Limited guardianship: based on specific conditions or a set timeframe. If the parent meets the court’s conditions, the guardianship ends.
Full guardianship: continues indefinitely and can only be ended if the parent proves that returning the child is in the child’s best interests.
Guardianship also gives grandparents the ability to pursue child support from the parents.
2. Custody
If a grandparent already has a full or limited guardianship, they may pursue custody. Custody offers a more permanent role and ensures the grandparent maintains both legal authority and consistent contact with the child.
To gain custody, the grandparent must show—by clear and convincing evidence—that living with them is in the child’s best interests. Michigan law strongly presumes that parents should have custody, so the burden of proof is high.
A grandparent can also intervene in an existing custody case, such as one involving divorce, paternity, or neglect. When a custody case is filed, it temporarily pauses any ongoing guardianship proceedings.
3. Grandparent Visitation
Although Michigan law has limited grandparent visitation rights, there are still some options. A grandparent can request visitation if a custody case is already in progress.
However, if both parents sign a statement refusing visitation, the court will generally deny the request. If at least one parent is fit, the grandparent must prove that denying visitation would cause physical, emotional, or mental harm to the child. If the court agrees, the grandparent must then show that visitation would serve the child’s best interests.
4. Neglect or Abuse Cases
If a parent faces a neglect or abuse petition, a grandparent can contact the Department of Health and Human Services (DHS) to request placement of the child during the case. If the parents’ rights are later terminated, the grandparent may seek to adopt the child with the court’s approval or consent from the Michigan Children’s Institute.
Working with an Experienced Family Law Attorney
Grandparents’ rights in Michigan can be complex and vary depending on the circumstances. An experienced family law attorney can help navigate court procedures, petitions, and agency involvement—ensuring that the child’s well-being and the grandparent’s rights are both protected.
At Tabono Law, we guide families through these difficult situations with strength, confidence, hard work, and unity of purpose.