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I would like to know how to go about visiting my grand

Customer Question
I would like to...

I would like to know how to go about visiting my grand daughter. Her father(my son) is incarcerated for domestic violence, 5 years, mother refuses to allow myself(grandmother and siblings to visit with her.

Lawyer's Assistant: Family law varies by state. What state are you in?

Michigan

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

No I am fighting cancer, her siblings who visit everyother weekend with me are devastated. As well as myself.

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

Not sure what else they would need to know. Mother says that we will all suffer the consequences of my sons actions by not letting any of our family have contact.

Submitted: 5 months ago.Category: Family Law
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Answered in 9 minutes by:
12/11/2017
Family Lawyer: Jessica B,
 replied 5 months ago
Jessica B
Category: Family Law
Satisfied Customers: 1,111
Experience: Attorney at Donald B. Linsky & Associates, PA
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Customer reply replied 5 months ago
I hope you can help us!
Family Lawyer: Jessica B,
 replied 5 months ago

According to the new statutes, courts may award visitation, called "grandparenting time," to grandparents if the parents of the grandchild are divorced, separated or have had their marriage annulled, or if such an action is pending. In the case of unmarried parents, paternal grandparents may request visitation only if the father has provided "substantial and regular support or care," in accordance with his ability to do so. The law also allows grandparents who have provided an "established custodial environment" for a grandchild to file for grandparenting time. An "established custodial environment" is defined as follows: "The custodial environment of a child is established if over an appreciable time the child naturally looks to the custodian in that environment for guidance, discipline, the necessities of life, and parental comfort." In other words, grandparents who have taken on a parental role may file for visitation.

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Family Lawyer: Jessica B,
 replied 5 months ago

Grandparents must prove that a denial of visitation would result in "a substantial risk of harm to the child's mental, physical, or emotional health." If a grandparent makes it past these the harm standard and is not faced with an affidavit signed by two parents, he or she must still prove that grandparenting time is in the best interests of the child. Best interests of the child include the following:

  • The emotional ties between grandparent and grandchild
  • The "length and quality" of the prior relationship between grandparent and grandchild and any roles played by the grandparent
  • The grandparent's "moral fitness"
  • The grandparent's physical and mental health
  • The child's preference, if found by the court to be old enough to express a preference
  • The effect on the child of any hostility existing between grandparent and parent
  • The willingness of the grandparent to support the parent-child relationship, in the absence of abuse or neglect by the parent
  • Any history of abuse of any child by the grandparent
  • Whether the parental decision to withhold contact was made for the well-being of the child or for some other reason
  • Any other factors affecting the child's well-being, both physical and psychological.
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Jessica B
Category: Family Law
Satisfied Customers: 1,111
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