Monday, April 28, 2014
It is very common for grandparents to have a substantial role in raising children, and often when parties get divorced or break up, grandparents get less time with the kids than they did before the split. Grandparents do have legal options, but it can be very difficult to get a court order for grand parenting time. In Porter v. Hill, the Court of Appeals ruled on June 11, 2013 that the parents of a deceased man did not have standing to seek a grandparenting time order becuase their son's parental rights had been terminated before he died. On April 23, 2014, the Michigan Supreme Court reversed this decision, stating "The Court of Appeals erred in holding that the parents of a man whose parental rights to his minor children were involuntarily terminated before his death did not have standing to seek grandparenting time with the children under the Child Custody Act, MCL 722.21 et seq., when, under the circumstances of this case, a biological parent is encompassed by the term 'natural parent' in MCL 722.22(e) and (h), regardless of whether the biological parent’s parental rights have been terminated." Here's a link to the Michigan Supreme Court's Order.