The rights of grandparents with regard to visitation and custody of their grandchildren are detailed in Minnesota Statutes Chapter 257C. The existence of grandparents’ visitation rights comes from the consent of a parent of the child in question.
There may be some complications, however, if one or both of the minor grandchild’s parents either pass away or deny visitation for any reason, such as due to family arguments or a recent divorce.
Death of a parent
If the minor grandchild’s parent has died, the parents or grandparents of the deceased person may still be granted reasonable visitation rights if the court determines it is in the best interests of the child to maintain a relationship with those relatives. This relationship should not interfere with the relationship between the minor grandchild and his or her biological parent who is still alive.
Denial of visitation
If one of the child’s biological parents is trying to block you from visiting your grandchildren, you may be able to exercise your visitation rights.
If family law actions, such as divorce, custody battles or legal separation occur, a grandparent may petition for a reasonable amount of visitation time with the child. As always, the court will carefully consider whether it is in the child’s best interests to have a relationship with the grandparent and look at the amount of prior contact the grandparent and grandchild have had in the past.
Grandparents may also petition for visitation rights if the minor grandchild has lived with the grandparents for at least consecutive 12 months.
If your grandchildren live in another state, you must petition for visitation in the state where they live. This could add some complexity to your efforts.
For more information on grandparents’ rights and your ability to secure visitation time, speak with a trusted Minnesota family law attorney today.
