ask david letters column

(Warning: Typos Intact, Not Legal Advice)

Is it easier to get the grandparents to file for Grandparent rights and give me POA or for me to try and adopt my niece?

I don’t like how my niece is being treated at her home with her parents who can’t keep a job, don’t have money, and keep moving around from friend to friend living in their one-bedroom apartment. I have no trouble with taking care of her I did the first 3-4 months of her life granted they lived with me but money was an issue and they moved out, now she is 7 months old and trying to be a baby and they end up getting mad at her they won’t let her explore, or even try to learn crawling be the place they live in is dirty and shouldn’t have a baby on the floor but they won’t clean so her and be on the floor.

Answer: Abuse and neglect involving young children are always heartbreaking. Unfortunately, legal remedies can be limited. Over 30 years ago, Michigan had a grandparents’ rights movement aimed at giving grandparents additional rights in custody matters and divorce cases. However, these laws were struck down by the Michigan Supreme Court, which ruled that grandparents had no special standing to sue or seek redress.

While grandparents, as relatives, may have priority over non-family members in custody or other family issues, they still do not have automatic rights. If your niece is being abused, you should report the situation to Child Protective Services. This process can be adversarial, and the likelihood of the parents allowing you to care for the child might be minimal.

The best approach may be to offer your support and services to the parents kindly and without any demands. Hopefully, this approach will result in your ability to care for the child. I wish you the best in this difficult situation.

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