Grandparent Rights Attorney in Minneapolis, MinnesotaShakopee, Minnesota Including Scott County, Carver County and Dakota County
Every grandparent should have the right to see their grandchildren grow up. However, occasionally grandparents find their access to their grandchildren unnecessarily limited. If you are experiencing problems seeing your grandchildren, Mr. Peterson is an experienced Minneapolis divorce lawyer that can help you.
Grandparent Rights in the Law
Grandparent rights in Minnesota are set forth in section 257C of the Minnesota Statutes. These statutes state that if grandparents are not being allowed access to the grandchildren, they may request visitation rights. In deciding grandparenting time, the court will consider the kind of personal interaction and relationship that existed between the grandparent and the child before the petition was filed.
Relief Grandparents May Seek
Apart from visitation rights, there are other ways that grandparents in Minnesota can be involved in the care of their grandchildren:
- Grandparents may be eligible to gain custody of the grandchildren. It is important for grandparents to show that the child had resided with them for a period of time. The court will consider whether the custodial parent has been unable to provide for the child’s emotional and physical needs; and
- Grandparents who are not eligible to apply for custody of the grandchildren 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.
The decision of the court will usually follow testimony and documented evidence.
Visits Following Termination of Parental Rights
It is important to keep in mind that when a biological parent’s parental rights are terminated, the grandparents’ rights are also terminated. These rights are also terminated when the child is adopted by a person other than a step-parent or grandparent.
If the child is adopted by a step-parent, 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;
- The grandparent is the parent of a child whose parental relationship was terminated by decree of adoption;
- A court determines that granting the grandparent visitation rights would be in the best interests of the child; or
- The court determines that granting grandparent visitation rights would not interfere with the parent-child relationship.
The key inquiry of the court is the nature of the relationship between the grandparents and grandchild.
Contact Christian Peterson Law Office for a free consultation!