Grandparents And Visitation
MCL 722.27b — grandparenting time in listed circumstances, and a presumption for a fit parent's decision
In Michigan, a grandparent may seek a grandparenting time order where:
- A divorce, separate maintenance or annulment case between the child's parents is pending, or has ended in one.
- The grandparent's own child, the child's parent, 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, or the child lives outside a parent's home.
- In the year before the action, the grandparent provided an established custodial environment for the child.
A fit parent's decision is presumed sound. It is presumed that a fit parent's decision to deny grandparenting time does not create a substantial risk of harm to the child's mental, physical or emotional health. The grandparent must prove by a preponderance of the evidence that it does, or the court dismisses the complaint or denies the motion. If two fit parents sign an affidavit opposing the order, the court dismisses, with an exception the section sets for some stepparent adoptions.
The complaint or motion comes with an affidavit of supporting facts, and notice goes to each person with legal custody or parenting time. A grandparent may not file more than once every 2 years without a showing of good cause.
A grandparenting time order does not create parental rights, and does not stop a court from acting on custody or adoption. The best interest factors and the rules for modifying an order are in the section and are not reproduced here. Whether to file is a question for a licensed Michigan attorney.
Sources for this section (1)
- MCL 722.27b — Order for grandparenting time
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.