Rochester Minnesota Grandparent Rights Attorney

Grandparent Visitation Lawyer Rochester Minnesota

All the experts agree that it is important that children and their grandparents keep in contact with each other. However, during custody battles between parents, the relationship between grandparents and the children is often pushed to the side. Minnesota law recognizes the importance of this relationship and allows the courts to authorize visitation rights for grandparents in certain circumstances. If you find yourself in such a situation, a Rochester Minnesota grandparent rights attorney can help.

Minnesota Statutes for Grandparent Visitation

Grandparent rights in Minnesota are spelled out in Minnesota Statute §257C.01-08.  These statutes provide that grandparents can request visitation, and in some cases even custody, of their grandchildren. In deciding grandparenting time, the court will consider whether

• visitation rights would be in the best interests of the child; and
• whether such visitation would interfere with the parent-child relationship.

The court must consider the amount of personal contact between the grandparents and the child prior to the court action.

Grandparent Custody Request

As discussed above, in addition to visitation rights, grandparents in Minnesota can also petition the Court for custody of their grandchildren. To do so, they need to prove that they have been a “De Facto Custodian” of the child by:

• Proving that the child had resided with them for a period of time; and 
• Proving that the custodial parent has been unable to provide for the child's emotional and physical needs.

Grandparents who are not eligible to apply for custody of their grandchildren as a “De Facto Custodian” but still want their grandchildren to be removed from the custody of the parents and placed in their own custody can file a petition as an interested third-party.

Grandparent Visitation Following Termination of Parental Rights

All grandparents’ rights to visitation are terminated when a biological parent's rights are terminated and the child is adopted by a person other than a stepparent or grandparent. Additionally, any visitation rights previously granted prior to the adoption of the child are automatically terminated upon such adoption.
If the child is adopted by a stepparent, then the grandparent can petition the court for grandparenting time under the following circumstances:

• the grandparent is the parent of:
• a deceased parent of the child; or
• a parent of the child whose parental relationship was terminated by a decree of adoption; and
• the court determines that the requested visitation:
• is in the best interests of the child; and
• it would not interfere with the parent and child relationship.

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