Third party custody rights in Michigan can come into play when a child’s biological parents are unable or unwilling to properly care for them. In such cases, the court may award custody to someone else, such as grandparents, stepparents, or another relative. However, establishing these rights can be challenging — courts presume that the best interests of the child are served by granting the parents custody, unless evidence demonstrates otherwise.

Who Can Petition for Third Party Custody Rights in Michigan?

Not just anyone can petition for custody of a child — they must meet specific statutory criteria. Under Michigan law, there are only certain people besides a parent who can petition for third party custody rights. Those who have legal standing to file a petition include the following:

• A third party with whom the child was placed for adoption if they have resided with that person for a minimum of six months.
• A party related to the child within the fifth degree by blood, marriage, or adoption of the child’s biological parents were never married and the custodial parent dies or is missing, and the other parent was not granted legal custody by the court.
• A guardian or limited guardian appointed by the probate court.

Under the Child Custody Act, the third party must provide an affidavit with their petition stating the facts that support their standing in accordance with one of the above criteria. The filing must also include notice of a defense or objection to the third person’s right to bring a custody action based on one of the following grounds: 1) an affirmative defense or 2) a lack of standing.

Evaluating the Child’s Best Interests When Determining Third Party Custody

There is a strong presumption under the law that a child’s best interests are met when their parent has custody of them. Parents also have fundamental due process rights when it comes to their children. Nevertheless, the law also recognizes that there are situations where awarding custody to the parents would be detrimental to the child’s welfare. In the event a custody dispute arises between a third party and the child’s parent, clear and convincing evidence must be shown that awarding custody to the parent would not be in the child’s best interests.

A judge in Michigan would evaluate several factors before granting a third party custody rights, including the following:

• The child’s relationship with the party petitioning for custody
• The third party’s ability to provide for the child
• The third party’s mental and physical health
• The third party’s willingness to encourage the child to have a relationship with their biological parents, if appropriate

While a child under the age of 18 cannot decide for themselves who will have custody, a judge may consider an older child’s preferences.

Grandparents’ Rights in Michigan

In cases where a child is being properly cared for by their parent, a third party such as a grandparent may be entitled to petition for visitation rights. However, a grandparent cannot be granted visitation rights simply because it is in the best interests of the child — they must meet certain criteria under the law. Applying the presumption of parental fitness, a court is required to respect the judgment of parents and assume that their decision to deny a grandparent visitation is in the child’s best interests. A grandparent has the burden of showing that denying visitation with their grandchild would substantially harm the child.

Specifically, a grandparent can petition the court for visitation under the following circumstances:

• The child’s parent (the grandparent’s child) is deceased
• The child’s parents were never married, are not living in the same home, and paternity has been established
• A third party who is not a family member has custody, such as in cases where the child is in the foster system
• The child resided with the grandparent for at least six months within the past year
• The child’s parents are divorced, separated, or the marriage was annulled

When evaluating whether a grandparent should be granted visitation rights, a judge would consider the emotional and physical well-being of the child and the strength of the relationship. They would also consider the child’s wishes if they are old enough, the parents’ wishes and reason they did not allow the grandparent to spend time with the child, any history of abuse or neglect, as well as any other factors deemed relevant.

Contact an Experienced Michigan Child Custody Attorney

Petitioning for third party custody rights can be complex. It’s best to have the guidance of a skillful family law attorney who can help you navigate the process. Located in Sterling Heights, The Law Offices of Kevin R. Lynch P.L.C. provides a broad scope of family law services to Michigan residents, including negotiating, mediating, and litigating third party custody rights.

You can set up a free consultation to discuss your case by calling 586-336-1088 or contacting us online. We assist clients throughout Macomb, Oakland, and Wayne counties.