QUESTION
Can I get visitation with my Step-Daughter?
Asked on Nov 04th, 2011 on Family Law - Michigan
More details to this question:
First, the state is Michigan. My husband was deployed to Afghanistan on September 30, 2011. He has a judgement of divorce granting him joint legal custody and the mother sole physical custody. I have been in the child''s life since she was 5 years old and she is now 11. The father had regular visitation every other weekend before he left and relationships and bonds have developed between his daughter and my own daughters; as well as myself. The mother has allowed the daughter to visit every other weekend with my husband''s mother, but refuses to let her have contact with us. This is damaging the relationship we have built over the years. I make it a point to call her or visit her when she is with her grandmother and she begs and cries to come to my house and see her sisters. The mother refuses. Is there anything I can do to be able to see her and preserve the relationship we all have while dad is gone? I do not want the children to be estranged from one another and I am also missing out.
3 ANSWERS
Trusts Attorney serving Mount Clemens, MI
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Stotz & Quayhackx
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Sadly, there is nothing you can do.
Tom Stotz
Answered on Jul 02nd, 2012 at 5:15 PM
Business Divorce Litigation Attorney serving Houston, TX
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Havins & Associates, PC
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Jennifer,
I want to restate your issue to be sure I understand it: Your husband is divorce, and has a daughter with his ex-wife, who would be your step-daughter. Your husband has been deployed, and his ex-wife will permit visitation with your husband's mother, but not with you and your daughters. YOu ask whether you have a legal remedy to visit with your step-daughter. The custody order is in a Michigan court.
A step-parent has no legal rights to parenting time (visitation). Your ability to visit would normally be up to your husband; however, he is not here to permit or arrange for the visits. A possible remedy would be through your husband's mother. Grandparents may seek an order for grandparenting visitation rights under some circumstances. There is a presumption that a fit parent may deny grandparenting visitation, but the grandparent the Court can overturn that presumption. The court will make that determination based upon the best interest of the child. If If your husband's mother obtained an order allowing her visitation, then she could allow you and your daughter visitation. If your husband's ex-wife objected to grandma allowing you visitation, then grandma could seek an order permitting it.
The statute you may want to review is MCL 722.27b.
Stu Shafer
Answered on Nov 04th, 2011 at 1:38 PM
In Michigan a step parent does not have any legal standing to pursue parenting either in a new cause of action or in an attempt to exercise there spouses already ordered parenting time. This response is general in nature and is not legal advice. No attorney client relationship is formed by it.
Answered on Nov 04th, 2011 at 1:26 PM