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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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what rights does a grandparent have if they can prove the grandchildren

This answer was rated:

what rights does a grandparent have if they can prove the grandchildren are in danger?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

Is CPS involved in an investigation? Have the children been removed from the parents' custody? Are the parents divorced or separated?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

CPs is not involved yet. there are two boys ages 3 & 9. They have different fathers. the mother was not married to either man. The 9 yr. old's father pays child support and has visitation and is a good father.

the father of the 3 yr old is the opposite. 2 yrs ago he was jailed for domestic violence. He is now out and is going back to the mother.

She said today she was at the police dept. filing an assault for an incident on this past Sunday with the boys in the home.

Hello again and thank you for providing this additional information.

A MI court can grant visitation time to a grandparent where the parents are not married. The grandparent need not prove that the children are in danger in order to obtain such visitation, but must show that visitation would be in the best interests of the children.

Here is a link which summarizes the grounds on which a grandparent may seek visitation rights:

However, where it appears that a child may be in danger while in the parent's custody, a grandparent could actually seek guardianship of the child, which is what you may be seeking to do. In that case, the grandparent must normally prove that the parents are unfit or unable to provide a nurturing environment in addition to proving that it would be in the child's best interests to grant the grandparent custody of the child.

If CPS were contacted and informed of the potential danger to the child, they would have the obligation to investigate the complaint. If their investigation supported a finding that the child was in danger, that would typically bolster the grandparent's pursuit of guardianship.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


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