A Michigan divorce can interfere with the amount of time a grandparent gets to spend with a grandchild, especially if the half of the couple who always arranged meet-ups no longer feels obliged to do so. There may be questions about grandparenting time in a divorce, but this kind of circumstance is very different than grandparent custody.
What Is Grandparent Custody?
Some grandparents seek custody of their grandchildren if they believe the child’s parents are unfit to care for the child. Michigan courts always prioritize what is in the best interests of the child and take all relevant circumstances into consideration. In some cases, the grandparent’s wish to gain custody of the child is weighed along child custody requests by the parents.
It isn’t easy to get grandparent custody, but for grandparents who believe they must try it is necessary to work with a family law attorney who can make a convincing case about why this change of residence is right for the child. The child’s parents do not need to be in the middle of a divorce or even married for a grandparent custody motion to be filed.
Grandparents Must Prove Their Worth
In the state of Michigan, the courts recognize that parents have child custody rights. However, if a grandparent files a petition for their own rights where the child is concerned, it raises a flag and initiates a thorough review of the most appropriate guardians for the child. Many variables are considered in this determination, including:
- Ability to provide love and affection
- Safe and healthy living environment
- Willingness to offer guidance
- Resources to provide food, shelter, clothing, medical care, etc.
- Dedication to continuing the child’s education
Every child in the middle of a grandparent custody petition has their own rights which the court honors, like the strength of the relationship with the grandparents, emotional ties to the parents, and the child’s preference about where they want to live.
Why Someone Files for Grandparent Custody
Parents always have a right to their children, but grandparents who believe their grandchild’s living situation is unhealthy and that the parents are unfit have the right to file a petition with the court for custody. Some of the most common causes of filing for grandparent custody include:
- Pending divorce between the child’s parents, especially an acrimonious divorce.
- Grandchild born out of a wedlock with parents who do not live together.
- Death of the child’s parent.
- History of domestic violence in the child’s home.
- Mental, emotional, and physical health of all parties involved.
- Instability of the child’s home life.
If the parent chooses to oppose the filing for grandparent custody, it will be a difficult battle for the grandparent to gain custody. Anyone who is not granted grandparent custody can still request grandparenting time, which is similar to parenting time and involves visitation with the grandchildren.
If you are concerned about the health and well-being of your grandchild and want to file for grandparent custody, contact Michigan Divorce Help in Mt. Clemens, MI, to discover what your options are and what efforts you can make to win custody of your grandchild.