Legal Question in Family Law in Minnesota

Re: child custody

Thank you for your important question. Yes, a grandparent can be awarded custody of a child -- particularly one she has cared for over an extended period of time.

There are several issues raised in your question, and I would need more facts to properly analyze the grandmother's claim. I can really only identify some of the issues here, and encourage you to contact me if you need additional assistance or have further questions.

First, I presume that, other than the father's residence in Florida, everyone lives in Minnesota. Also, I gather from the zip on your question that someone lives in or around Montgomery.

Second, I presume the "open case" is a CHIPS case, in which the children were removed from the mother's care due to abuse or neglect. I imagine that, as a result, the children were placed with the grandmother as a foster parent during the CHIPS case.

Third, I presume the father's paternity was adjudicated by the court, or that he signed a Recognition of Parentage. If not, then he does not have any right to custody, or even to visitation.

The grandmother can petition the district court for custody of the child under Minnesota Statutes 257C. This statute allows anyone with a relationship with a child to petition for custody. Beyond this, the grandmother should be working with the guardian ad litem for the child and the county attorney in the CHIPS case (if there is, in fact, a CHIPS case). If CHIPS case has not been opened, then the grandmother should nevertheless immediately petition for custody in district court.

Custody cases can be very sensitive. The court is an inherently conservative institution that generally tries to maintain consistency in the care of a child. Time is therefore of the essence. The grandmother would be in the best position to approach the court while she still has the child in her care. If the child leaves her custody and is cared for by someone else, then the strength of her position would (in practice) gradually begin to diminish as time goes by.

Please feel free to contact me with additional questions or concerns. My contact information is below. My practice is primarily in the First District, which includes LeSueur County, although I work throughout southern Minnesota.

Good luck.