Grandparents’ Rights in MN Can Be a Complex and Emotional Issue
The bond between grandparents and their grandchildren is like nothing else. But that bond can be affected by complicated family dynamics.
When a child’s parents are no longer together or when a parent has passed away, grandparents risk being cut off from their grandchildren. We often have estranged grandparents coming to us, worried that the children will feel like they were abandoned or unloved. They want to protect their existing bond, but it’s now a matter for family court.
Don’t risk your relationship by trying to navigate the court system yourself. Below, we’ve gathered everything you need to know about grandparents’ rights in MN.
Do Grandparents Have the Right To See Their Grandchildren in MN?
No, Minnesota law does not automatically grant grandparents the legal right to visit their grandchildren. Courts in Minnesota generally put the rights of parents first, as long as those parents are deemed fit.
Unfortunately, if the parents say that they don’t want the child to visit grandma and grandpa, there’s often not much grandparents can do. However, that’s not true in every situation. It’s best to talk with a family law attorney about what you’re experiencing.
The Law on Visitation With Grandparents in Minnesota
Minnesota Statutes Section 275C.08 applies to grandparents’ rights in MN. While grandparents don’t have automatic visitation rights, Minnesota courts may grant visitation if certain factors are involved.
- If the child’s parent has passed away, grandparents from the deceased’s side of the family may be able to legally protect their connection to the grandchild.
- If there is an active or completed family court case, including a divorce or parentage (paternity) proceeding, family courts will grant visitation in some cases.
- If the child has lived with the grandparent for 12 consecutive months or more before being removed by the parent, the law protects the relationship between grandparent and grandchild.
- If a stepparent adopted the child, grandparents may petition the court to gain visitation in some circumstances.
The Court Considers Two Things When Evaluating Grandparents’ Rights in MN
If one of these factors is at play, grandparents can take legal action. But visitation for grandparents in Minnesota isn’t granted automatically, even in these cases. Grandparents still must prove certain things to the court.
In a well-known case called In re: Matter of SooHoo v. Johnson, the Minnesota Supreme Court said that non-custodial parties seeking visitation have the burden of proof. They’re responsible for proving two things by clear and convincing evidence:
- They must demonstrate that visitation rights would be in the best interests of the child.
- They must demonstrate that visitation would not interfere with the parent-child relationship.
The court also emphasized that parents have a fundamental constitutional right to make decisions about their children. Courts must give special weight to parents’ decisions about whether or not others can have visitation.
1. Showing Best Interests of the Child
When evaluating whether visitation is in the best interests of the child, courts consider many factors.
They consider whether the grandparent has already been actively involved in the child’s life and whether a meaningful relationship exists. They ask whether the grandparents have served as an important source of stability and whether continuing the relationship would be emotionally beneficial to the child.
When considering grandparents’ rights in MN, courts look at whether you’re close with the child and enjoy things together. If they’re often at your house and you work on projects together, you’ll have an easier time proving that regular visitation is in the child’s best interests.
Ask yourself:
- Do you regularly care for the child before and after school?
- Does your grandchild spend weekends or holidays with you?
- Do you attend their sports events, school plays or recitals?
- Have you been involved for years?
- Do you have photographs, text messages, travel records, school pickup records or other evidence that could help you tell your side of the story in court?
- Are there teachers, coaches or family friends who’d be willing to testify on your behalf?
2. Showing That Visitation Wouldn’t Interfere With the Parent-Child Relationship
When considering whether grandparent visitation would interfere with the parent-child relationship, Minnesota courts consider many factors. One of the most important aspects they look at is the grandparents’ history of respecting the parents’ authority.
Courts considering visitation for grandparents in Minnesota are generally looking for cooperation rather than conflict. They’ll always try to avoid putting the child in the middle of adult disagreements. As a grandparent, consider the following questions:
- Do you have a history of following the parents’ rules about things like bedtime, screen time or religious practices?
- Do you have a history of returning the child on time after previous visits?
- Do you talk with the parents about important decisions?
- Have you avoided bad-mouthing the parents in front of the child?
You may have the ability to tell your side of the story right at your fingertips. Evidence of your respect for the parent-child relationship could include old emails or text messages. Those should contain respectful conversations about daily routines, pick-up and drop-off scheduling or approved activities.
Of course, you don’t have to do any of this alone. A good family lawyer can guide you through the process. To help protect your grandparents’ rights in MN, they can answer your questions and effectively tell your side of the story in court.
We understand that this can be a heartbreaking and emotionally stressful time for the grandparents we represent. We do as much as possible to help the process run smoothly and effectively.
Protect Your Grandparents’ Rights in MN. Get Legal Help.
The best way to protect your relationship with your grandchildren? Seeking counsel from a family law attorney who is familiar with visitation for grandparents in Minnesota. At White Luing Law, we use our years of experience to provide guidance through these complex and often emotional matters.
To get started, call our Elk River, Minnesota, law office at 763-241-0477 or complete our online contact form. We’ll schedule a time to discuss what you’re experiencing so that we can take action to protect your rights.
