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This answer was rated:

what rights does a grandparent have if they can prove the grandchildren

are in danger?...
what rights does a grandparent have if they can prove the grandchildren are in danger?
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Answered in 1 minute by:
8/1/2013
Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
Verified

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.

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Customer reply replied 4 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:

http://grandparents.about.com/od/grandparentsrights/qt/Grandparent_Rights_in_Michigan.htm

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!

Tina

Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
Verified
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Tina

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Tina
Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
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Experience: JD, 17 years legal experience including family law

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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