grandparents rights

[tlynnmil]

What is the name of your state (only U.S. law)? MI

Just curious if a Grandmother has grandparent rights in MI. The mother and father were not married. The father has visitation and pays child support. Recently the mother had the children removed from the home by protective service. The daughter went to live with her father. The grandmother is very pushy and wants to tell the father how to raise his child. He has asked that the grandmother back off so that he and his daughter can learn to live together. He feels that she is trying to come between him and his daughter. She is threatening to invoke her grandparent rights to force him to give her the same visitation as he would have to give her mother. The mother and father both disagree with that. Does she have the right to try to invoke the rights?

[Ohiogal]

She can go to court -- she has standing maybe but she doesn't have rights.

[tlynnmil]

sorry, I am not familiar with law terms, what is the difference between standing and rights?

[TinkerBelleLuvr]

There isn't technically anything called "grandparent rights" there in Michigan. The mother and the father have constitutionally protected rights to be parents unless someone has done something stupid to have them removed or voluntarily relinquished their rights.

As for "standing", how much of a relationship did the child have when living with mom? If frequent visits, she might have "standing" to get some visitation rights - but chances are slim of anything like what a parent might get.

[LdiJ]

Originally Posted by TinkerBelleLuvr

There isn't technically anything called "grandparent rights" there in Michigan. The mother and the father have constitutionally protected rights to be parents unless someone has done something stupid to have them removed or voluntarily relinquished their rights.

As for "standing", how much of a relationship did the child have when living with mom? If frequent visits, she might have "standing" to get some visitation rights - but chances are slim of anything like what a parent might get.

I am going to rephrase that slightly. She may have standing to attempt to sue for visitation rights (in other words, be legally allowed to sue for visitation rights). However standing to sue does not guarantee a win.

However, I do agree that if the child had a close relationship with grandma, she would have a shot at winning some limited visitation rights.

[janM]

Originally Posted by tlynnmil

What is the name of your state (only U.S. law)? MI

Just curious if a Grandmother has grandparent rights in MI. The mother and father were not married. The father has visitation and pays child support. Recently the mother had the children removed from the home by protective service. The daughter went to live with her father. The grandmother is very pushy and wants to tell the father how to raise his child. He has asked that the grandmother back off so that he and his daughter can learn to live together. He feels that she is trying to come between him and his daughter. She is threatening to invoke her grandparent rights to force him to give her the same visitation as he would have to give her mother. The mother and father both disagree with that. Does she have the right to try to invoke the rights?

I'm curious...where is the other child now? Is only this daughter Dad's?
Is grandma Dad's mom?

[tlynnmil]

There were three children. The oldest one is the one that I am dicussing. The other two are with this grandmother(she is trying to get guardianship). The grandmother is the mother of the mother. The relationship between Grandma and grand daughter were pretty close. They lived behind one another.

[tlynnmil]

Sorry the other two children do not belong to this father......

[LdiJ]

Originally Posted by tlynnmil

There were three children. The oldest one is the one that I am dicussing. The other two are with this grandmother(she is trying to get guardianship). The grandmother is the mother of the mother. The relationship between Grandma and grand daughter were pretty close. They lived behind one another.

Grandma would have a pretty decent shot at getting some limited visitation rights for two reasons. The first because she had a close relationship with the child, and the second, because she has or will have guardianship/placement of the child's siblings. A judge would want the three siblings to continue to have a relationship.

However, she cannot simply "invoke" grandparent's rights. She has to file suit to attempt to obtain visitation rights. Until she does that, and until a judge orders visitation, dad is in complete control.