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Michigan Grandparents Rights in Divorce
Grandparent Rights to Visitation:
Visitation can only be granted when the parents' marriage is declared invalid or dissolved or the court enters a decree of legal separation or legal custody of the child is given to a party other than the child's parent. Additional affidavit required.
Michigan Statutes Annotated, Section 25.312(7b) [M.S.A. 25.312(7b)].
This is same as Michigan Compiled Laws Annotated, 722.27b.
When Adoption Occurs:
Visitation rights terminate upon adoption unless the adoption is by a stepparent.
Child Custody Statutes:
Best interest of child considering:
Parents May Choose:
M.S.A. 25.312(3); M.C.L.A. 722.23.
- love, affection and other emotional ties existing between the parties and the child;
- the capacity and disposition of each to give love, affection, guidance and continuation of education and raising the child in its religion;
- the capacity and disposition of each to provide food, clothing and medical care;
- length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity;
- permanence as a family unit of the existing or proposed custodial home;
- moral fitness of the parties;
- mental and physical health of the parties and child;
- home, school and community record of the child;
- preference of the child, if of suitable age;
- willingness and ability of the parties to facilitate and encourage a relationship between the child and the other parent; and
- any other relevant factor.
Grandparent or other third party may only get custody if:
M.S.A. 25.312(6c)-(6e); M.C.L.A. 722.26c - 722.26e.
- child's biological parents were never married, and
- the parent with custody dies or is missing and the other parent has not been granted custody, and
- the person seeking custody is related within the 5th degree by marriage, blood, or adoption (grandparent or great-grandparent qualifies).
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