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I am wondering about Michigan Grandparents' rights. I have…

Customer Question
I am wondering about...

I am wondering about Michigan Grandparents' rights. I have been refused access to my grandsons by my daughter no less, but now she has left her husband for another man and divorced and my son-in-law does not return my emails, etc. My daughter decided I was evil and was "manipulating" the children after my X-husband walked out on me 5 years ago.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Michigan as stated above.

Lawyer's Assistant: Have you talked to a lawyer yet?

No. I read that the kids had to be divorced in order to have any chance...

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Well it is a long story, but basically my husband turned my daughters against me it would seem, and then my daughter decided I was a bad influence on the kids, even though it was ok for me to be taking care of them before this all happened.

Submitted: 10 months ago.Category: Family Law
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Answered in 1 minute by:
9/21/2017
Family Lawyer: Longhorn Lawyer, Lawyer replied 10 months ago
Longhorn Lawyer
Category: Family Law
Satisfied Customers: 13,550
Experience: Knowledgeable in all aspects related to family law matters.
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Family Lawyer: Longhorn Lawyer, Lawyer replied 10 months ago

When was the last time you took care of the children?

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Customer reply replied 10 months ago
Five and 1/2 years ago when she stopped letting me see them. Oldest is now 11. I saw them last when I stopped by their home unannounced 12/24/2015.
Family Lawyer: Longhorn Lawyer, Lawyer replied 10 months ago

OK, and when was the divorce?

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Customer reply replied 10 months ago
Mine was May 2012; daughter and her husband divorced this year, not sure when.
Family Lawyer: Longhorn Lawyer, Lawyer replied 10 months ago

Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: Your divorce is irrelevant. It's the divorce of the parents of the children that is relevant.

Under Section 722.27b of the Child Custody Act, a grandparent can petition for visitation with the grandchildren if the parents of the children are divorced. You file in the circuit court of the county that has continuing jurisdiction over the child. The court will consider the following:

  • Is the visitation time in the best interest of your grandchild?
  • Is there a prior relationship between you and your grandchild?
  • Are there emotional ties between you and your grandchild?

You can find the statute, including the procedural information here: http://www.legislature.mi.gov/(S(0vrxavrueofy35f0hivxokg0))/mileg.aspx?page=getObject&objectName=mcl-722-27b

I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

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