In Minnesota, grandparents may have the right to seek visitation with their grandchildren under certain circumstances, even if the parents of the child are opposed. While the law prioritizes the rights of parents, it also acknowledges that maintaining connections with extended family members, especially grandparents, can be in the child’s best interest.
When Can Grandparents Seek Visitation?
In Minnesota, grandparents may seek visitation rights if:
- Parents are divorced or in custody proceedings, and the child’s best interest would be served by maintaining a relationship with the grandparent.
- If one parent is in the military.
- The child’s parent is deceased or had parental rights terminated through adoption, and the surviving parent is either refusing visitation or preventing a meaningful relationship between the child and the grandparent.
What Are the Legal Standards for Grandparent Visitation?
Minnesota courts prioritize the best interests of the child, which includes considering the importance of the child’s relationship with their grandparents. However, the court will also weigh the following:
- The wishes of the child (if the child is old enough to express them)
- The relationship between the grandparent and the child before the petition
- The mental and physical health of the grandparent and parents
- The potential impact on the child’s well-being if visitation is granted
- Whether the grandparent interfered with either parents parental rights.
For more information contact Tuft, Lach, Jerabek & O’Connell, PLLC at 651-771-0050 to schedule a consultation with one of our experienced family law attorneys.
