In 2007, in the case of Keenan v Dawson, the Michigan Supreme Court settled the issue of whether a grandparent has visitation rights to a grandchild. This was not always so. In 2000, the U.S. Supreme Court in the case of Troxel v. Granville, 530 U.S. 57 (2000), reviewed a state court case from Washington State that struck down a permissive grandparent visitation statute. In the Troxel decision the U.S. Supreme Court—while not finding Washington’s permissive visitation statute unconstitutional—told states that parents have a fundamental right to make decisions about raising their children.
Indeed, the Troxel Court rejected the argument that allowing a nonparent to petition for visitation rights would amount to an assault on the integrity of the family unit.
Thus, Michigan and many other states enacted grandparenting statues.
Among the most frequently cited permissible reasons for a grandparent to petition a Michigan court for grandparenting time are:
One of the grandchild’s parents has a pending complaint in the circuit court for divorce, separate maintenance, or annulment.
The grandchild's parents are divorced, separated under a judgment of separate maintenance, or have had their marriage annulled.
The grandchild's parent who is a child of the grandparents is deceased.
The grandchild's parents have never been married, they are not residing in the same household, and paternity has been legally established.
We win grandparenting time cases. If you need help securing grandparenting time we can help you. Please give us a call.
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