The Heartbreak of Being Cut Off
Grandparents often provide the "safety net" for a family. You buy the school clothes, you babysit on weekends, and you provide unconditional love. But when family dynamics shift—through divorce, the death of a parent, or a bitter family feud—grandparents are often the first ones cut out of the picture.
We receive countless calls from heartbroken grandparents asking: "Can I sue to see my grandkids?" Michigan law does recognize Grandparenting Time (visitation), but it is one of the most difficult types of family law cases to win. It is not enough to simply love the child; you must prove you have "standing" to even walk into the courtroom.
When Can You File? (Establishing Standing)
You cannot file for grandparenting time just because you think the parents are doing a bad job. In Michigan, you generally only have the right to ask the court for time under specific circumstances (MCL 722.27b):
- Divorce or Separation: An action for divorce, separate maintenance, or annulment is pending between the parents.
- Deceased Parent: Your child (the parent of the grandchild) has passed away.
- Custody Disputes: Legal custody of the child has been given to someone other than the child's parent (like a third-party guardian).
- Unwed Parents: The parents were never married, paternity has been established, and the parents are not living together.
- The "Established Custodial Environment": The child lived with you alone for within the last year.
If the parents are married, living together, and fit, the court generally cannot interfere with their decision to keep you away, even if that decision seems unfair.
The "Fit Parent" Presumption
Even if you have standing (for example, your son died and his ex-wife is withholding the kids), winning is not guaranteed. Michigan courts operate under a strong presumption derived from the U.S. Supreme Court case Troxel v. Granville. The presumption is that fit parents act in the best interests of their children.
To win, you must prove by a "preponderance of the evidence" that denying you visitation creates a substantial risk of harm to the child's mental, physical, or emotional health. This is a high bar. It is not enough to show that the child would benefit from seeing you; you must show they will be harmed if they don't.
Visitation vs. Custody (Guardianship)
It is important to distinguish between "Grandparenting Time" (visitation) and "Full Custody" (Guardianship). If you believe the parents are unfit—due to drugs, abuse, or neglect—and you want to take custody of the child to raise them, that is a different legal track.
Full custody (Guardianship) usually requires CPS involvement or a showing that the parents have suspended their parental rights. These are extreme cases. If the child is in danger, we act immediately to protect them. But if the child is safe and you just want to see them, we pursue the Grandparenting Time statute.
How We Build Your Case
To overcome the "fit parent" presumption, Shiraz Law Firm focuses on the history of your relationship. We gather evidence to show:
- Did you provide daily care for the child for a long period?
- Is there a deep psychological bond that, if broken, would traumatize the child?
- Are there text messages or emails showing the parents previously encouraged the relationship before the conflict started?
We often use expert witnesses, such as child psychologists, to testify about the harm the child is suffering due to the separation. These cases are emotional and legally technical. You need an attorney who can fight for your rights without destroying the possibility of future family healing.
