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Do grandparents get visitation rights after a divorce?

On Behalf of | Jan 7, 2020 | child custody |

If you are a grandparent in Michigan, maintaining a relationship with your grandchildren may be one of the most fulfilling aspects of your life. If your child and his or her spouse divorce, however, it may be more challenging to schedule visits with your grandchildren. Fortunately, state laws protect your right to visit your grandchildren under several circumstances. If your situation meets the eligibility requirements, you may go through the official process to seek a grandparenting time order. 

You may find information on Michigan’s divorce and child custody laws on the state’s legislature website. According to the Child Custody Act of 1970, you may seek a grandparenting time order under several different circumstances. If your grandchildren’s parents get divorced or legally separated, you may petition for visitation rights. You may also seek visitation rights if your child gets his or her marriage annulled. 

It may be slightly more complicated to seek visitation rights with your grandchildren if their parents were never married. However, if your son has established legal paternity for your grandchildren, you may petition for visitation rights. Another circumstance that may allow visitation rights is if your son has provided regular and substantial support to your grandchildren as their putative father. 

If you meet the eligibility requirements to petition for a grandparenting time order, you must file a motion with the correct circuit court. Your motion must include information that shows why you believe you have the right to grandparenting time. The court may take several factors into account when deciding on your petition, including the existing relationship between you and your grandchildren and between you and your grandchildren’s parents. 

This information on grandparents’ rights is general in nature and intended to educate; it should not be interpreted as legal advice.