i need help!!!!!!!!!!!

[angelina4276]

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



I have been sued by my ex- husbands mother for granparent visitation, this women has not been an ative member in the life of my two children, my children are terrified of her, my daughter sees a counciler once every two weeks. my question is that in the MCL 722.27b states that if one of the biological parents is deaceaded that they can use this law to obtain visitation. my ex is incarciarted and they are saying that this is like being dead. is there any cases where grandparent visitation was granted under these circumstances.

 

[Isis1]

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



I have been sued by my ex- husbands mother for granparent visitation, this women has not been an ative member in the life of my two children, my children are terrified of her, my daughter sees a counciler once every two weeks. my question is that in the MCL 722.27b states that if one of the biological parents is deaceaded that they can use this law to obtain visitation. my ex is incarciarted and they are saying that this is like being dead. is there any cases where grandparent visitation was granted under these circumstances.

how long has dad been incarcerated? how much longer is his sentence?

when was the last time the children saw their grandmother?

 

[ElvinMelvin]

What is the name of your state (only U.S. law)? my question is that in the MCL 722.27b states that if one of the biological parents is deaceaded that they can use this law to obtain visitation. my ex is incarciarted and they are saying that this is like being dead. is there any cases where grandparent visitation was granted under these circumstances.

The amended statute states, in part:

1) A child's grandparent may seek a grandparenting time order under 1 or more of the following circumstances:

b) The child's parents are divorced, separated under a judgment of separate maintenance, or have had their marriage annulled.
​

Incarceration of the parent is not equivalent to the death of the parent, but the complainant does not need to rely on the death of the parent to have standing to file a petition. The fact that you are divorced is sufficient.

In order to obtain an order of visitation, the burden of proof will be on Grandma to show "that the parent's decision to deny grandparenting time creates a substantial risk of harm to the child's mental, physical, or emotional health."

 

[LdiJ]

The amended statute states, in part:



Incarceration of the parent is not equivalent to the death of the parent, but the complainant does not need to rely on the death of the parent to have standing to file a petition. The fact that you are divorced is sufficient.

In order to obtain an order of visitation, the burden of proof will be on Grandma to show "that the parent's decision to deny grandparenting time creates a substantial risk of harm to the child's mental, physical, or emotional health."

This part is a biggie in MI.

When the MI supreme court ruled their prior statute as facially unconstitutional in DeRose vs DeRose, the new statute was written to overcome the constitutional deficiencies.

In fact, the OP's case is similar to the DeRose case in that in the DeRose case it was also a somewhat non involved grandparent whose own son was in prision.

If grandma has no real relationship with the children, then grandma cannot prove that "the parent's decision to deny grandparenting time creates a substantial risk of harm to the child's mental, physical or emotional health".

 

[angelina4276]

how long has dad been incarcerated? how much longer is his sentence?

when was the last time the children saw their grandmother?

father has been incarcirated since july 7th, 2009, he is not eligable for parole until 2015, and they have not seen the grandma since may 2009.

 

[Proserpina]

father has been incarcirated since july 7th, 2009, he is not eligable for parole until 2015, and they have not seen the grandma since may 2009.

How often was grandma seeing them before that?