Legal Question in Family Law in Minnesota
Custody of Grandchild
My sister's daughter died, leaving her with a 12 year old grandson that she cares for. The stepfather won't give my sister the grandchild's birth certificate or social security card.
Can she obtain these items for herself so she can file for legal custody of the grandchild and get him on her health insurance and any other benefits the child needs? How does she do this?
3 Answers from Attorneys
Re: Custody of Grandchild
You will have to bring a Petition for custody of the child in District Court. I definitely suggest that you retain counsel to do this. Dennis.
Re: Custody of Grandchild
Have her file for guardianship in the probate court. She can't file for custody as she has no standing. Then with a guardianship order, she'll have standing to get those documents. Bill Stern
Re: Custody of Grandchild
Minnesota has a t third party custody statute that allows a party who has a substantial relationship with a child, or can establish that the
child is endangered, physically or emotionally. The standards a
fairly specific, and there are some requirements under some of the
statutes that the child must have resided with the 3rd party. There is
a presumption that a child belongs with a parent over other relatives,
but that can be rebutted if endangerment is present. This takes a two
part motion to the court and is a fairly complicated hearing. If you
are interested in pursuing such a motion we would be happy to meet with you to discuss representation.