Grandparents’ Rights

Minnesota Grandparents’ Rights Lawyer & Attorney

In the state of Minnesota, grandparents are given some legal right to visitation of minor children. If your child is deceased and you are being denied access to your grandchildren, you may go to court and request a set parenting time schedule as if you were the parent of the children. Otherwise, the court allows grandparents to seek visitation rights as an interested third party or de facto custodian.

The Rights Of Grandparents

The Minnesota third party custody law says that grandparents have rights to their grandchildren, especially if their grandchildren are living in a less than favorable environment. Grandparents also play a valuable role in a child’s life, so it is important that grandparents are able to visit their grandchildren.

Grandparents may find themselves in a situation where they are not entirely sure where they stand. Here are areas where a third party custody lawyer can help grandparents:

  • Grandparent visitation – When parents divorce or one parent is deceased, grandparents have a legal right to visitation. A third party custody attorney in Minnesota can help grandparents obtain visitation rights.
  • Grandparent custody (aka Third Party Custody)– If a grandparent finds that their grandchildren are endangered through abuse, negligence, or disregard for their well-being, grandparents have the right to seek custody in order to protect the best interests of the child.

De Facto Custodian

If your grandchild has resided in your home and you have acted as a primary caretaker for them, then you may be able to get custody of your grandchild as a de facto custodian. The child must live with you for an extended period of time, and the child’s parent(s) must be failing in some way to provide for the child’s needs. If you believe that you qualify for this, or have questions regarding your own situation, contact the Minnesota Divorce Attorneys at Heimerl & Lammers today.

Third Party Custody Rights

If you do not qualify under the more specific requirements of a de facto custodian, but you believe it is in the best interest of your grandchild to be in your care and custody or even to have set visitation time with you, then you may be able to file a petition to the court as an interested third party. This is not limited only to grandparents and allows for a child to be removed from a situation that may not be the best for them.

Minnesota Divorce Custody Attorney

A divorce attorney can provide all of the following in a Minnesota third party custody case:

  • Representation of a grandparent seeking custody of grandchildren
  • Representation of a grandparent when their son is involved in a paternity dispute
  • Non-relative third parties seeking custody of a child
  • Grandparents seeking custody while preserving parenting time and visitation rights of the mother
  • Grandparent visitation rights

The goal is to do what is best for the child, while helping you meet your needs. We will work with psychologists and child specialists to ensure that every action is in the best interest of the child.

If you have been raising your grandchildren on your own, you should have a custody consent decree, signed by the parent, giving you legal rights to enroll the children in school, take them to the doctor, and make day-to-day decisions for them. Contact the Minneapolis family law attorneys at Heimerl & Lammers today. We can help you draft an agreement that fits your needs and walk you through the court process to get custodial or visitation rights to your grandchildren.

Our Family Law Attorneys

The family law attorneys at Heimerl & Lammers have strong roots in the Minneapolis / St. Paul community and are dedicated to helping you with all of your family law needs. Meet our family law attorneys:

All of our attorneys are familiar with resources and programs available to families in the Twin Cities. The majority of their time is spent handling cases in all areas of family law, from divorce, to custody, to wills and trusts.

Our Commitment to Service 

Our commitment to you includes:

  • Promptly addressing your needs. Our attorneys and staff will make sure that your concerns are addressed as soon as possible.  We know that legal issues can be stressful and anxiety producing.  We will do our best to work on your behalf towards a solution.
  • Responding to your inquiries. Whether by phone, email, text, fax or mail, our team will be available to answer your questions ASAP.
  • Being available to meet you in person. If you want to speak to your lawyer face-to-face, we have several Twin Cities office locations convenient for you.
  • Obtaining results.  We aren’t here just to bill hours or cause unneeded disputes.  We are here to serve you to get results. At all times we use our expertise and creativity to get the absolute best resolution to your legal issues.

We Can Help 

You are not alone.

The attorneys and staff at our firm take the time to actually listen to our clients. We will carefully explain the process you are facing and guide you through it while looking out for your best interests. We know that each client’s individual situation is unique and important to them. Therefore, we won’t treat your representation with the “cookie-cutter” approach other law firms seem to take.

If you need to speak with an attorney in Minnesota, contact us today. We can assist with a wide array of issues, including family law, personal injury, workers’ comp, employment law, wills and trusts, and estate planning.


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