Minnesota law recognizes the right of grandparents to visit their grandchildren under certain circumstances. In order for a grandparent to be entitled to visitation, the courts will look to the situation of the parties and determine if they fall into one of the following categories:
- There is a divorce or separate maintenance action finalized or pending;
- The parent of a minor child is deceased;
- A minor child resided with a grandparent for a period of twelve months.
In all situations, the courts will seek to promote the mental, physical, and emotional health of the child. Courts will generally award grandparents visitation if it does not interfere with the parent child relationship, and if it is determined to be in the child's best interests. In awarding grandparent visitation, the courts may consider the amount of personal contact between the grandparent and child.
It is important to work closely with an attorney who is well informed of the process for seeking visitation rights and the factors that courts will take into consideration. At Banas Family Law, our team of legal professionals has the knowledge and experience to navigate the legal system and counsel clients in overcoming the emotional strain that they often face in dealing with such situations.
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We seek at all times to promote the child's best interests and to respect the rights of parents and grandparents. Schedule a consultation today to learn more.