Grandparents' Rights in Michigan: What You Should Know

Michigan grandparents can ask a court for grandparenting time only in certain family situations, and they must prove that a parent’s refusal creates a substantial risk of harm to the child. Spickard Law represents families in child custody and grandparenting time cases across Mid-Michigan.

When Can Grandparents Seek Grandparenting Time in Michigan?

A court will consider a grandparent’s request only in certain situations, including when:

• The child’s parents are going through a divorce
• The parents are divorced or legally separated
• The child’s parent (who was the grandparent’s child) has died
• The parents never married, do not live together, and paternity has been established
• Legal custody has been given to someone other than a parent
• The grandparent provided an established custodial environment for the child within the past year

The request is filed in the circuit court already handling the child’s custody case or, if there is none, the circuit court where the child lives, such as the 30th Circuit Court in Ingham County. A grandparent generally may file only once every two years unless there is good cause, and most adoptions end a grandparent’s right to seek grandparenting time.

The Substantial Risk of Harm Standard

Michigan presumes that a fit parent’s decision to deny grandparenting time does not harm the child. Under MCL 722.27b, a grandparent must overcome that presumption by a preponderance of the evidence. That means showing that the denial creates a substantial risk of harm to the child’s mental, physical, or emotional health.

When two fit parents both sign affidavits opposing grandparenting time, the court generally must dismiss the case, with a narrow exception involving certain stepparent adoptions.

Evidence That Can Help Show a Risk of Harm

Strong cases show a close relationship with the child and real effects once contact stopped. Helpful evidence includes:

• Records of regular overnight care
• Years of photos and messages
• School or medical records that list you as a contact
• Notes on changes in the child after visits ended

A grandparent who meets the harm standard must also show that grandparenting time is in the child’s best interests. Judges consider factors such as the length of the relationship, the grandparent’s health, and the parent’s reasons for denying time.

How Hearings and Mediation Work

In Mack v. Schmaus (2025), the Michigan Court of Appeals held that grandparents who file affidavits are entitled, at a minimum, to an opportunity to testify at the hearing. After a grandparent overcomes the presumption, the judge may refer the case to alternative dispute resolution, which can include the Friend of the Court. If the parties do not reach an agreement within a reasonable time, the judge decides the request.

What a Grandparenting Time Order Does Not Do

A grandparenting time order does not give a grandparent parental rights. It also generally does not prevent a custodial parent from relocating. To change or end the order later, a party must meet the standard set by the statute, which focuses on protecting the child’s welfare.

Present Your Family’s History Clearly in Court

A grandparenting time hearing puts years of family history before a judge. Mack Spickard brings extensive trial experience to presenting witnesses and evidence in family court. Call (517) 908-0818 for a free consultation, or contact us online to discuss how Michigan’s rules apply to your family.