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Grandparent Visitation Statute Constitutional

Posted on Tuesday, May 8, 2018

The Court of Appeals held that the statute permitting a petition for grandparenting time is constitutional in Keenan v. Dawson. The case arises from a tragic series of facts, and will likely be appealed to the Michigan Supreme Court. The Court considered and rejected the father's as-applied challenge to the constitutionality of MCL 722.27b(4). Although there is a presumption that a fit parent's decision to deny grandparenting time does not create a substantial risk of harm to the child's mental, physical, or emotional health, the Court agreed with the trial court's findings that the presumption was rebutted in this case.

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