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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114099
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have a new grandson and s mother has had problems when she

Customer Question

I have a new grandson and his mother has had problems when she was 17 including being muslated, she is now 24 and she and my son have had a baby. My son purshase a houe which he is working on so the baby and the mother are staying with me until the repairs are finish. In order for the baby to stay at my home the DHHS want me to become a Foster Care person. I am not interested in being a foster care person. I donot want to be in their system. I am retired State Tech worker for the state of mich. that I worked for 40 plus years. They tell me I cannot be tem. on keeping the baby or they will have to put him in another foster care home. I am his grandmother. why do me and my son have to go through there something that can be done? Don't we as father and grandmother have rights?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Grandparents really have very limited rights in MI, since the US Supreme Court has stated that the parents have a constitutional right to make decisions for their child unless the parents are deemed unfit by clear and convincing evidence. See: Troxel v. Granville, 530 U.S. 57 (2000). So if your son and the mother have not been proven to be unfit by clear and convincing evidence, they have the rights and the grandparents do not.
If DHHS has an open case and are involved with the child, then you have to follow the DHHS orders or your son has to go to court to get the court to order that you do not need to become a foster parent and get the court to order that the child and mother can stay at your residence. The court will typically order at the very least a home study of your home to make sure it is suitable, but generally absent some unusual circumstance they would not order you to become a foster parent.