Grandparent Visitation Rules Unaltered by Minor Guardianship

By Doug Chalgian on May 17, 2021

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In this published opinion, Parent 1 dies.  Parent 2 has drug issues.  The Department of Health and Human Services successfully petitions for a minor guardianship to be established over the child.

Deceased parent’s sibling petitions for a visitation schedule to allow the child to spend time with their side of the family.  Court grants that request, issuing a court-ordered visitation schedule.

The COA reverses the trial court noting that while the parents of the child’s deceased parent (aka the “grandparents”) would have standing to seek visitation under Michigan’s grandparent visitation laws, no other family members have such standing, and the trial court abused its discretion to allow it.  Or said another way: Nothing about a minor guardianship gives a trial court the authority to expand the class of persons who can seek court-ordered visitation with a minor child.

Although the opinion in In Re Prepodnik, Minor was released, it is also suppressed, and at least for now, does not appear on the COA website. That is to say: I can’t provide a link to the opinion at this time.

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mm By: Doug Chalgian
Doug Chalgian

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