Minnesota Grandparents Rights Attorney

Minnesota courts have the authority to consider visitation with minor children for grandparents when making visitation decisions.

Minnesota Statute 257C.08 specifically allows the district court to consider a request for grandparent’s rights to visitation if the grandparents are the parents of a deceased parent of the child. It states:

If a parent of an unmarried minor child is deceased, the parents and grandparents of the deceased parent may be granted reasonable visitation rights to the unmarried minor child during minority by the district court upon finding that visitation rights would be in the best interests of the child and would not interfere with the parent child relationship. The court shall consider the amount of personal contact between the parents or grandparents of the deceased parent and the child prior to the
application. Minn. Stat. §257C.08.

Minnesota Family Law Lawyer

Minnesota statutes also allows grandparents to file a petition for visitation as a separate action outside of a divorce, paternity action, annulment or legal separation if the minor child has lived with the grandparent’s for twelve months or more.  If that occurs, and the parent subsequently decides to remove the child from that grandparent’s home, the grandparents may petition the district court for an order granting them reasonable visitation rights to the child.

In such cases a court may order visitation for grandparent’s if:

(1) visitation rights would be in the best interests of the child; and

(2) such visitation would not interfere with the parent-child relationship. The court must consider the amount of personal contact between the parents or grandparents of the
party and the child prior to the application.

(3) If a motion for grandparent visitation has been heard and denied, unless agreed to in writing by the parties, no subsequent motion may be filed within six months after disposition of a prior motion on its merits.

It is advisable to consult with a family law attorney who is has experience in this field.

Contact the Law Office of Cynthia J Miller

If you or someone you know is in need of a qualified Minnesota Family Law Attorney, contact the Law Office of Cynthia J Miller today at (651) 336-4006. We offer two locations in Princeton and Minneapolis and provide free consultations.