For many people, being a grandparent is about getting to enjoy grandchildren and spend a lot of time with them without having to deal with the stresses of parenting. Unfortunately, divorce or the death of a parent can result in a grandparent potentially losing visitation rights. If you are a grandparent somehow involved in a situation that is causing you to see your grandchildren less frequently or not at all, it’s important that you understand what your rights are as a grandparent.
What are Grandparent Rights in Minnesota?
Grandparent Rights in Minnesota entail two things: visitation and custody. Visitation refers to a grandparent getting court-ordered parenting time, also known as visitation, with a child. Grandparent custody refers to a grandparent getting court-ordered legal and/or physical custody of a grandchild and typically would do so through what’s called a 3rd party custody proceeding.
When to File For Grandparent Rights
When parents die, grandparents may be a great support system for surviving children. The grandparents on that side of the family may petition a court for visitation rights in situations where one of the child’s parents has died. Grandparent rights may be granted if the court finds that visitation would be in the best interest of the child and would not interfere with the parent-child relationship.
Providing Child Care
Another situation where grandparent support may be invaluable. If a child has resided with the grandparents for 12 months or more and the parents then removed the child from the grandparents’ home. Grandparents can petition for visitation. Again, in this situation, the court will consider whether grandparent visitation is in the best interests of the child and whether visitation would interfere with the parent-child relationship.
During a divorce, children need stability. Grandparents can also request visitation rights as part of the parents’ divorce, custody, separation, annulment, or parentage proceedings. The court will consider the same issues and make the same analysis as described for situations where one of the parents is deceased.
Contact a Family Law Attorney in Minnesota
Grandparents have a right to visitations with their grandchildren. Our attorneys at Jeddeloh & Snyder are here to help you with all of your legal needs. Contact us to set up an appointment with one of our experienced and well-trusted attorneys.