Legal Question in Family Law in Minnesota

15 year old child requesting to live with grandparents

Hi - I've got a 15 year old daughter who wants to live with her grandparents & she's already told a judge that she wants to live permanently with them. She's been staying with them for 6 months due to the fact that her & I have had non-stop problems between the two of us. I agreed to do this because it would be a temporary thing & now daughter & grandparents want it permanent. We do have a guardian ad litem involved (assigned to see if grandparents needed supervised visitation about a year ago) who wants this as well. So here is the question: Is there any way of getting around my daughter making the request of whom she wants to live with when she is mentally ill & is at the mental & developmental stage of a 6 year old (determined by her regular psychiatrist)?

Another important point is that back in January the guardian ad litem requested the grandparents have temporary physical custody of my daughter so they are her guardians now but I retain sole legal custody which I believe the guardian soon wants to have the grandparents have temporary sole legal custody. All this has set a precedent that seems to be very difficult to move into a different direction. Is there any case law that has been ordered by the court somewhere already?


Asked on 7/12/08, 3:48 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: 15 year old child requesting to live with grandparents

Thank you for the message.

Grandparents do not stand on equal ground with biological parents for custody. As a result, the deck is stacked against a permanent placement with grandparents absent a compelling reason, usually endangerment. You should hire experienced counsel to litigate such issues.

For a consultation call 612.240.8005.

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Answered on 7/14/08, 1:23 am


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