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Divorce can be a big, daunting animal. The legalities are overwhelming and the rules are many, plus the emotional and mental drain of the experience. As a result, many divorcing couples are drawn to mediation. They believe the process of divorce mediation in Michigan might...
Children and money – those are always the major elements of contention when it comes to working out a divorce settlement. But what about the family pet? Who gets custody of your pet when your marriage ends? What’s fair? And who decides?
Your Pet: Family or...
How Grandparent Custody Works in Macomb County, Michigan
In any custody matter, Michigan courts prioritize what is in the best interests of the child. When a third party, including grandparents, seeks custody, the court weighs the parents’ rights alongside what is right for the child. It isn’t easy to successfully achieve grandparent custody. If a grandparent firmly believes a grandchild would be better off living with them, a convincing case must be made. For that, it is necessary to get the help of a Michigan family law attorney.
Grandparent Custody Rights in Michigan
For any grandparent to be awarded custody of a grandchild, the court must determine that the parents are unfit to care for the child.
Should custody not be granted to a grandparent, there is still the possibility of grandparenting time, which means visitation with the grandparents. There are conditions that must be met and conditions that must be proven before a grandparent has any possibility of being awarded grandparenting time.
In Michigan, the courts recognize that parents have the right to custody of their children. Should a petition for grandparents’ rights be filed, the court will look at many variables to determine what living environment and what guardians are best for the child, including the parent’s or grandparent’s ability to:
- Provide love and affection.
- Offer guidance.
- Provide food, clothing, shelter, and medical care.
- Continue the child’s education.
The child has rights too, and the court will consider a child’s:
- Emotional ties with the parents.
- Relationship with the grandparents.
- Preference for where he or she wants to live.
- School records.
In general, the court will also weigh:
- The stability of the home.
- The child’s duration in the current home.
- Whether there is a history of domestic violence.
- The mental, physical, and emotional health of all parties.
Grandparent Petition for Custody
If a grandparent wants custody of their grandchild because they believe the parents are unfit to care for the child, a petition must be filed with the court. Petitions are sometimes filed if there is a divorce pending between the child’s parents, if the child was born out of wedlock and the parents do not live together, or if the child’s parent is deceased, but this is not an exhaustive list of reasons a grandparent may want custody.
Parents have a right to their children and should they oppose a grandparent’s effort to prove that they are unfit, it will be an uphill battle for the grandparent to gain custody. The court determines whether it is in the child’s best interests to spend time with the grandparent and will examine whether, without that time, some harm could befall the grandchild in their current circumstances.
Find Out Your Grandparent Custody Rights from a Macomb County Family Law Attorney
When a child is loved, the people in his or her life just want the best for that child. Dedicated grandparents who feel their grandchild is at risk or living in an unsafe environment with unfit parents will do just about anything to keep their grandchild safe. Contact Femminineo Attorneys in Mount Clemens, MI, to discuss your situation with a family law attorney and find out what your rights are and what efforts you can make to win custody of your grandchild.
What makes us the right divorce attorneys for you?
Family Law Expertise
Most lawyers are in a general practice and do some of everything. One of our main focuses is on Family law and being expert at divorce, custody and support matters.
We are in court daily, working with the family court judges, their staff and clerks, the Friend of the Court office, the Bar Association and other attorneys working in this area. We pride ourselves on fighting hard for our clients while working well with everyone.
Our extensive experience and strong relationship with the courts and our peers leads many judges and attorneys to hire us to act as Mediators in other Family Law cases. Make no mistake; having a strong working relationship with the court can have a massive impact on your case. Unlike most attorneys, we have no fear of the court room and are in trial regularly against the best in the business. We see the judges every week and maintain strong ties with their staff.
Although every attorney can “handle” your case, Femminineo Attorneys cares about you and your family. We work extremely hard to keep this difficult process civil and to shelter your children from as much of the negative facets as possible.
Once your case is concluded, we will be there to help you with any post-judgment problems that may arise.
Everyone’s financial situation is different and we work with our clients to formulate a fee arrangement that works within your means.
We have handled every possible situation involving domestic law. We will do everything possible to wrap up your case in a timely manner, avoiding delays that cause unnecessary legal fees.
When your case cannot be easily solved, we will fight hard and use all of our resources to win. Unlike most attorneys, we have no fear of the court room and we regularly win cases against the best in the business at trial.
Unlike many attorneys who have a part-time typist and work 30 hours a week, we have an expert staff available all day long to assist you and provide immediate service. We are available to our clients 24 hours a day through our hot line at 586-854-3654.
At Femminineo Attorneys, your case will be handled by an experienced family law attorney. Each of our attorneys in our family law division has many years of experience in handling family law matters.
We encourage you to see these differences for yourself and call today to speak with one of our partners or schedule a free consultation at our office.
During traditional business hours, please call us at:
After hours and weekends, we are still available for you to speak to an attorney via our 24 Hour messaging center:
(586) 854 3654
Michigan Divorce Attorney
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The information presented within this website is for general information purposes and is NOT and should not be considered as being “legal advice”. You should not act on any information presented herein without the verifying same with your attorney.