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Michigan Grandparent’s Rights

Grandparent Rights to Visitation: Visitation can only be granted when the parents’ marriage is declared invalid or dissolved or the court enters a decree of legal separation or legal custody of the child is given to a party other than the child’s parent. Michigan Statutes Annotated, Section 25.312(7b) [M.S.A. 25.312(7b)]. This is same as Michigan Compiled Laws Annotated, 722.27b. Additional affidavit required.

When Adoption Occurs: Visitation rights terminate upon adoption unless the adoption is by a stepparent.

Child Custody Statutes: Best interest of child considering: (1) love, affection and other emotional ties existing between the parties and the child; (2) the capacity and disposition of each to give love, affection, guidance and continuation of education and raising the child in its religion; (3) the capacity and disposition of each to provide food, clothing and medical care; (4) length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity; (5) permanence as a family unit of the existing or proposed custodial home; (6) moral fitness of the parties; (7) mental and physical health of the parties and child; (8) home, school and community record of the child; (9) preference of the child, if of suitable age; (10) willingness and ability of the parties to facilitate and encourage a relationship between the child and the other parent; and (11) any other relevant factor. M.S.A. 25.312(3); M.C.L.A. 722.23. Grandparent or other third party may only get custody if: (1) child’s biological parents were never married, and (2) the parent with custody dies or is missing and the other parent has not been granted custody, and (3) the person seeking custody is related within the 5th degree by marriage, blood, or adoption (grandparent or great-grandparent qualifies). M.S.A. 25.312(6c)-(6e); M.C.L.A. 722.26c-722.26e.

Parents May Choose: Yes


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