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?


Asked on 3/10/06, 9:50 am

3 Answers from Attorneys

Dennis Felix Felix Law Office, P. A.

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.

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Answered on 3/10/06, 10:23 am
William Stern William Stern, P.C.

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

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Answered on 3/10/06, 3:33 pm
J. Chris Carpenter Harvey and Carpenter

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.

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Answered on 3/14/06, 11:58 am


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