Grandparents Rights to Visitation
By Maury D. Beaulier, Esquire
Grandparents often envision their golden years spent by happily caring for
and treating their grandchildren. In recent years, as a symptom of our
skyrocketing divorce rates, much litigation has occurred when grandparent's
are prevented from seeing their grandchildren. As a direct result, today all
states have statues authorizing a court to award visitation to a grandparent
under certain circumstances.
In Minnesota, a district court has broad discretion to determine what is in
the best interests of a child regarding visitation. The authority of the
Court to consider grandparents when making visitation decisions with regard
to Grandparents is spelled out in Minnesota Statute § 257.022, subd. 2
(1994). This statute specifically allows the district court to consider a
request (by petition) for grandparent visitation if the grandparents are the
parents of a deceased parent of the child. It states that:
If a parent of an unmarried minor child is deceased, the parents and
grandparents of the deceased parent may be granted reasonable
visitation rights to the unmarried minor child during minority by the
district court upon finding that visitation rights would be in the best
interests of the child and would not interfere with the parent child
relationship. The court shall consider the amount of personal contact
between the parents or grandparents of the deceased parent and the
child prior to the application. during or after proceedings for
dissolution of the child's parents' marriage, child custody, legal
separation, annulment, or paternity; or if the grandchild has resided
with the grandparents or great-grandparents for a period of twelve
months or more and is subsequently removed by the child's parents.
Visitation must be found to be in the best interest of the child. M.S.A. §257.022.
Moreover, Minnesota's divorce statute also allows grandparents to file a
petition for visitation as a separate action outside of a divorce , paternity
action or legal separation. Minnesota's divorce statute includes visitation
within its definition of custody providing:
In a court of this state which has jurisdiction to decide child custody
matters, a child custody proceeding is commenced: * * * (b) by a person
other than a parent, where a decree of dissolution has been entered or
where none is sought by filing a petition or motion seeking * * *
visitation of the child in the county where the child is permanently
resident * * *. A person seeking visitation pursuant to this paragraph
must qualify under * * * section 257.022.
Minn. Stat. § 518.156, subd. 1(b) (emphasis added).
If a motion for grandparent visitation has been heard and denied, unless
agreed to in writing by the parties, no subsequent motion may be filed within
six months after disposition of a prior motion on its merits
ABOUT THE AUTHOR
Over the past twelve years, Maury D. Beaulier has developed a large and active family law practice which includes mediation and collaborative law.
Mr. Beaulier has been described by his clients as "skilled", "aggressive" and "dedicated" to resolving complex and emotionally charged disputes. Mr. Beaulier is
licensed to practice law in the States of Minnesota and Wisconsin as well as the Federal Courts in Minnesota and the Western District of Wisconsin.
Mr. Beaulier is also a member of Minnesota's Collaborative Law Institute helping to develop new procedures in family law case.
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