1760 South Telegraph
Road, Bloomfield Hills, MI 48302
Dear Grandparent/Grandchild Supporter:
As promised, I am providing you an update as to what
happened in the recently decided DeRose vs. DeRose case decided July 31,
2003, by the Michigan Supreme Court. Unfortunately the letter that I had
hoped to send is different than the one that I am forced to send. As
many of you may already know, the Michigan Supreme Court, in a 6 to 1
decision, ruled that our Grandparent Visitation Law in the State of
Michigan was unconstitutional. In the Court’s ruling it did not rule
that grandparents should not see grandchildren or, that in any way
grandparents should be precluded from seeing their grandchildren. The
six opinion majority ruled that Michigan’s law was deficient for three
reasons:
The statute did not provide a presumption that fit
parents act in the best interests of their children;
The statute failed to accord the fit parent’s
decision concerning visitation any "special weight"; and
The statute failed to clearly place the burden in
the proceedings on the grandparents, rather than the parents.
We never objected to any of those three requirements as
we believe that Michigan’s law already provides for them as part of
our Grandparent Visitation Statute as contained within the Michigan
Child Custody Act.
Please be advised that first thing Friday, morning,
August 1, 2003, we were in contact with both Michigan Senators and
Representatives requesting new legislation be enacted to amend our
Grandparent Visitation Law to insert those three requirements in order
to validate Michigan’s Law and make it constitutional once again.
Representative Edward Gaffney, from Grosse Pointe, has agreed to work
with us in order to put together a proposed bill which will be
introduced in the House of Representatives. We have also been contacted
by State Senator Hansen Clarke of Detroit who, also volunteered his
services to assist in drafting legislation from the Senate perspective.
I am hopeful that this will become a non-partizan issue and, since we
agree to the three provisions the Supreme Court said was necessary to
validate Michigan’s law, that our new law will be enacted as quickly
as possible. However, that will require your aid and assistance. If you
are familiar with the legislative process, you will know that your State
Representative and State Senator will need to hear from you and any
friend/family member who supports our position in order to move this
bill forward quickly. If you know the name and phone number of your
State Representative (both House and Senate) in Lansing, please write,
e-mail, or call them and express your concern about this topic and
request their support for the new bill which will be introduced. We do
not have a House Number for the bill yet, but I am sure they will know
of it once it has been written. In the event you are not sure of who
your State Representatives are, please call the Grandparents Rights
Organization directly at (248) 646-7177 and we will assist you in
finding out who your representative is and provide you with their
address, phone number and e-mail address.
We would also request, as soon as possible, that in
addition to letters to your representatives. Send letters to the:
President of the Senate Senate
Majority Leader
Lieutenant Governor John D.
Cherry Kenneth R. Sikkema
P.O. Box 30036 P.O. Box 30036
Lansing, MI 48909-7536 Lansing,
MI 48909-7536
(517) 373-6800 (517) 373-0797
Speaker of the House House
Majority Floor Leader
Rick Johnson - District 102
Randy Richardville - District 56
P.O. Box 30014 P.O. Box 30014
Lansing, MI 48909 Lansing, MI
48909
(517) 373-1747 (517) 373-2617
as well as to all newspapers in your area, as letters to
the "Editor", supporting the need for grandparent visitation
laws which will allow children the opportunity to experience the shared
memories and experiences which are unique to the grandparent/grandchild
relationship. Again, because we are requesting public policy enactments,
it will be necessary for the State Legislators to know this is an issue
of public concern that has public support. Without your assistance, that
will not be possible.
In the event you have any further questions or concerns,
please contact me or one of our volunteer staff members. Please be aware
that all of our GRO staff are volunteers and we will do our very best to
assist you as quickly as possible. Therefore, if you call our office for
the name of your State Representative and State Senator, please find out
the District Number where you reside (you can call your local township
or city office, library or police station) to request this information.
Once we know the district you live in, we are then able to provide you
the name, address, phone number, etc., of your representatives.
Thank you for your assistance and support. We look
forward to rectifying this tragedy which has occurred to the
grandparents and grandchildren in our state as quickly as possible.
Very truly yours,
RICHARD S. VICTOR
Founder and Executive Director
Enc.
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