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 Governor
Signs Grandparent Visitation Bill
Press Release, Office of the Governor, January 4, 2005
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LANSING –
Governor Jennifer M. Granholm has strengthened the legal rights
of grandparents who ask for the courts to grant them visitation
with their grandchildren under certain circumstances. The
Governor signed into law legislation that clarifies the legal
rights for grandparents and parents, while addressing questions
of constitutionality that resulted after the Michigan Supreme
Court struck down the state’s grandparenting statute in DeRose
v. DeRose.
“Our state’s prosperity rests in the strength of its families,”
said Granholm. “By safeguarding the ability of grandparents in
Michigan to spend time with their grandchildren, as well as
providing the tools to determine the best interests of our
children, we are helping to strengthen Michigan families.”
The new law, Public Act 542 of 2004, (Senate Bill 727) amends
the Child Custody Act by establishing a grandparent’s ability to
seek a grand parenting time order from family court under
appropriate circumstances. It also establishes guidelines
regarding who is eligible to request such an order and under
what conditions, while keeping the best interests of the child
in mind.
A grandparent can seek grandparenting time if:
• the grandchild’s parents are divorced, or are in the process
of divorce, separation, or annulment.
• the grandchild’s parent is deceased and is the son/daughter of
the grandparent.
• the grandchild’s parents have never been married, are not
cohabitating, and the father’s paternity has been established.
• the child is placed outside the home or legal custody of the
child has been given to someone other than a parent (unless the
child was adopted by someone other than a stepparent).
• within the year prior to seeking grandparenting time, the
grandparent provided an established custodial environment for
the grandchild.
The new law will take immediate effect.
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