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Grand Parent Rights

Legalizing the rights of grandparents in child custody law has become more prevalent.   To preserve the special bond between grandparents and children, more grandparents are being proactive in preserving their grand parenting time. Under Michigan law, there are specific situations in which grandparents can file for this time.   If the child’s parents are divorced, have separated under a judgment of separate maintenance, or their marriage has been annulled, a grandparent can file for grand parenting time.   Another example is if the parent of a child who is the child of the grandparents is deceased, grandparents may seek grand parenting time.

Michigan law supports that if fit parents decide to deny grand parenting time, the burden of proof is on the grandparents to prove that denying grand parenting time creates a substantial risk of harm to the child’s physical, mental or emotional health.By the same token, grand parenting time can be terminated by the court if there is evidence of substantial harm to a child’s physical, mental or emotional health. In some situations, a grandparent may even file for custody of a grandchild. In this situation as all others, the well-being of the child comes first.

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