Bikos v. Nobliski

In Bikos v. Nobliski, 88 Mich. App. 157; 276 N.W.2d 541 (1979), the father of two children remarried after the natural mother died. After the father's new wife adopted the children, the natural maternal grandmother of the children brought suit under the grandparent visitation statute, claiming interference with her visitation rights to the children. When the trial court ordered visitation, the children's father appealed to the Court, which held that the adoption of the children by their stepmother terminated the natural maternal grandmother's cause of action under the grandparent visitation statute. The Bikos Court, 88 Mich. App. at 163, interpreted the versions of the grandparent visitation and effect-of-adoption statutes then in effect and concluded: Our reading of the grandparent-visitation statute MCL 722.27a ; MSA 25.312(7a) in conjunction with the effect-of-adoption statute MCL 710.60 ; MSA 27.3178(555.60) leads us to conclude that once the stepparent adopts the child, the grandparent-visitation statute ceases to apply. The Legislature did not have to expressly exempt adoption situations, as the lower court concluded, if it did not want the visitation statute to apply to cases such as the one at bar. The interplay of the Michigan adoption and visitation statutes already accomplishes this. Under the visitation statute a grandparent may request visitation where the grandchild's parent (the grandparent's child) is deceased. But once a child is adopted, the child has a parent. The adopting parent becomes the natural parent of the child "in law in all respects." Hence, the condition of the visitation statute that the child's parent be deceased is not present as a matter of law, and the natural grandparent has no standing under the statute.