Grandparents’ Rights

Grandparents’ Rights Attorney in Southfield, Michigan

Protecting Your Relationship With Your Grandchild

Few relationships are as important—and as easily disrupted—as the bond between a grandparent and a grandchild. When family dynamics change due to divorce, separation, or other disputes, grandparents can find themselves suddenly cut off from a child they have helped raise, support, and love.

Michigan law does allow grandparents to seek court-ordered visitation in certain situations. But these cases are not simple. Courts start with the presumption that a parent’s decision is in the child’s best interest. That means grandparents must present a clear, well-supported case to overcome that presumption.

Barry Fayne represents grandparents throughout Southfield and the surrounding communities who are fighting to maintain meaningful relationships with their grandchildren. These cases require a thoughtful approach, careful preparation, and a clear understanding of how Michigan courts evaluate family relationships.


When Do Grandparents Have Rights in Michigan?

Grandparents do not automatically have visitation rights. Under Michigan law, you may petition the court for visitation only under specific circumstances, including:

  • When the child’s parents are divorced, separated, or have had their marriage annulled
  • When one parent is deceased
  • When the child was born out of wedlock and paternity has been established
  • When the child does not live with either parent
  • In certain cases involving custody disputes

Even when one of these conditions is met, the court will not grant visitation unless it finds that doing so is in the best interests of the child.


The Legal Standard: Best Interests of the Child

Michigan courts take these cases seriously. The burden is on the grandparent to show that denying visitation would create a substantial risk of harm to the child’s mental, emotional, or physical well-being.

This is not a casual standard.

The court will look at factors such as:

  • The existing relationship between the grandparent and the child
  • The emotional ties involved
  • The child’s well-being and stability
  • The reasons the parent is denying visitation
  • Any history of conflict within the family

In many cases, the strength and consistency of your prior involvement in the child’s life will be one of the most important factors.


These Cases Require a Strategic Approach

Grandparents’ rights cases are often emotionally charged and legally complex. Walking into court and simply explaining that you want to see your grandchild is not enough.

You need to present a structured, evidence-based argument that shows:

  • Your role in the child’s life has been meaningful and consistent
  • The relationship provides real benefit to the child
  • Cutting off that relationship would be harmful

Barry Fayne approaches these cases with that reality in mind. That means preparing the case carefully, understanding the family dynamic, and positioning the argument in a way that aligns with how Michigan judges actually make decisions.


Why Experience Matters in Grandparents’ Rights Cases

These cases sit at the intersection of family law and constitutional law. Courts are balancing a parent’s fundamental rights with a grandparent’s request for involvement.

That balance is not easy to navigate.

Barry Fayne brings decades of experience in Michigan family law and understands how to build a case that courts will take seriously. Whether through negotiation or litigation, the goal is always the same: to protect the child’s well-being while preserving meaningful family relationships whenever possible.


Speak With a Southfield Grandparents’ Rights Lawyer

If you have been denied access to your grandchild, it’s important to act quickly and thoughtfully. Waiting too long can weaken your position, especially if the relationship begins to fade.

Barry Fayne works with grandparents across Southfield and the surrounding communities to evaluate their situation, explain their options, and take action when appropriate.

Can grandparents automatically get visitation rights in Michigan?

No. Grandparents must meet specific legal criteria before they can even request visitation, and they must prove that denying visitation would harm the child.

You must show that a strong, established relationship exists and that losing that relationship would create a substantial risk of harm to the child’s well-being.

A parent’s decision is given significant weight. Overcoming that decision requires a well-prepared case supported by evidence—not just personal preference or disagreement.

Generally, no. If the parents are married and living together, courts are very unlikely to intervene.

It depends on the complexity of the case and whether it can be resolved through negotiation or requires litigation. Some cases move quickly; others take several months.

Document your relationship with your grandchild—photos, communication, time spent together, and any role you’ve played in their life. Then speak with an attorney before taking any formal steps.