
Grandparents Have the Constitutional Right to Visitation in Michigan
On Behalf of Law Offices of Michael A. Robbins | Dec 15, 2015 | Uncategorized |
The Michigan Court of Appeals recently ruled on a very significant case for grandparents’ rights. The case dealt with the constitutionality of The Grandparent Visitation Act in Michigan and has finally concluded it is constitutional after several trips through the legal system.
Varran v. Granneman
In Varran v. Granneman , the mother and father of a minor child were unwed minors when they conceived and had a baby. The mother died while the child was a still a minor and the child was being raised by the father in his parents’ home. Legally, the biological father had sole custody of the minor child upon the death of the mother, though his parents were co-raising the child with him and provided crucial help and care.
At some point, the grandparents and the father of the minor child, still a very young man himself, got into a major conflict and the grandparents asked their son to move out of their home. He moved into his own apartment and for a time, the minor child lived with the grandparents and he began taking his son for weekend visits.
As time went on, the father increased the amount of time his son lived with him until he had his son for the entirety of the work week and the child would then spend weekends with his grandparents. Eventually, he told his parents that they would no longer be allowed to have overnight visits with their grandson and future visitation would only be under his supervision.
Legal Action by the Grandparents
Years earlier, when the biological mother was still alive, the son had cut off visitation to his parents. They then filed a motion in the family court where the mother had a custody action pending. The family court judge in the mother’s custody case ordered that the grandparents were entitled to visitation with their grandson every other weekend. The father appealed this early ruling and the case spent many years being appealed up and down the Michigan court system. The Court of Appeals has finally issued the ruling that the grandparents have been hoping for since the beginning; that they are legally entitled to visit with their grandchild.
Legal Significance of This Ruling
This case is very significant as Michigan law has now been interpreted such that Michigan’s grandparent visitation statute is constitutional. The court also held that a family court judge need not hear testimony from a mental health professional to determine that withholding visitation is harmful to the child. Grandparents can now assert their rights to have relationships with their grandchildren without the need to hire expensive experts to testify about mental harm the grandchild will suffer without visiting with them.
The effect of this ruling is to allow grandparents to assert their rights to visit their grandchildren if they are denied visitation. Grandparents who have loving, close relationships with their grandchildren have the constitutional right to maintain that relationship, even if the child’s parents prefer otherwise.
Work with a Michigan Grandparents’ Rights Attorney
If you are a grandparent that would like to seek visitation with your grandchild or grandchildren, please contact Michael Robbins to schedule an initial consultation to discuss the details of your grandparents’ rights issue. Call 248-646-7980 or contact him online to schedule your appointment. Mr. Robbins is an experienced family attorney located in Bloomfield Hills. He accepts cases in the Tri-County area of Oakland, Wayne and Macomb counties and throughout the state of Michigan.
Recent Posts
Archives
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- May 2016
- April 2016
- March 2016
- February 2016
- December 2015
- November 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- March 2015
- February 2015
Categories
RSS Feed
Let us help you

Contact The Firm
3910 Telegraph Road
Suite 200
Bloomfield Hills, MI 48302
Phone: 248-646-7980
Fax: 248-646-7989