Grandparent’s Rights

Grandparent’s Rights

Grandparents frequently are caring for their grandchildren or want to establish legal visitation rights.

In Minnesota, if a parent of an unmarried minor child is deceased, the parents and grandparents of the deceased parent my be granted reasonable visitation rights to the unmarried minor child if the court finds that visitation rights would be in the best interest of the child and would not interfere with the parent/child relationship. 

The Court must consider the amount of personal contact between the parents or grandparents of the deceased parent and the child prior to the application. 

In a recent Court of Appeals decision In Re: the Minor Child of C.D.G.D., the Court considered the question of under what circumstances a grandparent may be granted visitiation over the objection of a parent.  In that case, the Court found that a Court must give deference to a parent’s wishes when deciding a grandparent’s right to visitation.

In all proceedings for dissolution, custody, legal separation, annulment, or parentage, after the commencement of the proceeding, or at any time after completion of the proceedings, and continuing during the minority of the child, the Court may, upon the request of the parent or grandparent of a party, grant reasonable visitaiton rights to the unnmarried minor child, after dissolution of marriage, legal separation, annulment, or determination of parentage during minority if it finds that 1) visitation rights would be in the best interests of the child; and 2) such visitation would not interfere with the parent-child relationship. 

If the child has resided with the grandparents for a period of twelve (12) months or more, and is subsequently removed from the home by the minor’s parents, the grandparents may petition the court for an order granting them reasonable visitation rights.  The court shall grant the petition if it finds that visitation rights would be in the best interests of the child and would not intefere with the parent and child relationship.

Contact A Minnesota Family Law Attorney

 

Contact Shellie Lundgren at Lundgren Law Office at 612-333-3908 for your free case evaluation.

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