Minnesota Grandparent Rights Attorneys
Most people do not know that certain grandparents have a right to visit their grandchildren under Minnesota law. Under Minnesota Statute § 257C.08, if one of the child’s parents is deceased, if the child has lived with you (the grandparent) for twelve months or more, or if the child is involved in a family court proceeding such as a custody, paternity, or divorce case, a court can order grandparent visitation with a minor child.
When Can Grandparent Visitation Be Ordered?
Visitation may only be ordered if:
- Visitation rights would be in the best interests of the child[1], and
- Such visitation would not interfere with the parent-child relationship.
To be successful in petitioning the court for grandparent visitation, a grandparent must explain why visitation is in the child’s best interests, referring to the best interest factors in Minnesota Statute § 518.17. They must also show how visitation would not interfere with the parent-child relationship. The court will also consider the amount of personal contact between the grandparents and the child.
How Much Visitation Time Can a Grandparent Request?
The amount of visitation time varies based on the circumstances. Involved grandparents who see their grandchildren frequently may request visitation as often as every other weekend. Others may request time once per month, during summers, or over school breaks, especially if they live far away.
Is Grandparent Visitation Different From Third-Party Custody?
Yes, grandparent visitation is different from a grandparent seeking custody. Third-party custody is usually pursued when a grandparent believes the child is at risk of neglect or harm. Visitation simply involves asking the court to allow visits based on the child’s best interests without making claims of endangerment.
Can Other Non-Parents Be Granted Parenting Time?
Yes, courts may grant parenting time to people other than the parents in certain situations.
When Do Courts Grant Parenting Time to Grandparents?
Courts may grant parenting time to grandparents when a parent is deceased or unavailable, or when the grandparent has acted in a caregiving role. Generally, courts prefer grandparents to visit during the parent’s court-ordered parenting time, but exceptions are made based on circumstances.
What Does the Court Consider?
The court considers the child’s best interests and whether the visitation would interfere with the parent-child relationship. Judges also review the relationship history and emotional ties between the child and the grandparent or third party.
Contact Our Minnesota Grandparent Rights Attorneys
If you have questions about grandparent visitation or custody, contact the family law attorneys at Heimerl & Lammers today at (612) 294-2200.
[1] The best interests of the child factors are outlined in Minnesota Statute § 518.17: https://www.revisor.mn.gov/statutes/cite/518.17
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 adoption.
