When a couple with children splits up or gets divorced, they may negotiate on parenting time and visitation rights. These court orders are legally binding, which means both parents must adhere to the terms or face penalties.
The typical visitation order does not apply to grandparents. Thus, if someone is preventing you from seeing your grandkids, you may need to take legal action to assert your rights. This is a relatively new development in U.S. law, and most states passed grandparents’ rights laws within the past three decades.
Understanding the law in Minnesota
In Minnesota, grandparents may file for visitation rights under three circumstances:
- The children’s parents are deceased
- The children have been subject to a previous court proceeding such divorce or custody proceedings; or
- If the grandchildren in question lived with the grandparents for at least 12 months before being removed from the home
Regardless of which of the three situations above is present, the court will always examine what is in the best interests of the children. The judge will look at the existing relationship between the grandparents and grandchildren and how much time they spent together in the past and the reasons they are not currently seeing their grandchildren.
If you have been prevented from seeing your grandkids and would like to determine whether you have the ability to have a court intervene, you may have some legal options available. To get started, meet with a dedicated Minnesota family law attorney at Appelhof, Pfeifer & Hart, P.A.
