Legal Question in Family Law in Minnesota
Grandparent Visitation:
My ex husband and I are in equal agreement that my ex husband's father should have limited contact with our 4 year old because he is an alcoholic, has verbally harrassed, trespassed on properties, threatened and such. He now is seeking grandparent visitation, and we know the laws but how can we get a judge to understand that we are right in not allowing our daughter to see him. She verbally states that he doesn't like him because he has hurt her and mommy and daddy. She might only be 4 but she knows he drinks "adult beverages" as she calls them and he has harrassed her before and has acted like a child himself by throwing a fit when she refused to give him a hug. He has a ton of money and knows the legal system pretty well as he is a former police officer and mayor. Any help would be appreciated, we are asking for him to join AA and be sober for a three month period, seek psychological help, and apologize for his previous wrongdoings. We would never put our daughter in harms way and she states she doesn't want to see him and we listen to her. Please let me know how we can get the judge to agree. Thanks
Also my ex husband is adopted and we wondered even though he is an adult, if there is a way to (well for lack of a better word say this) "unadopt" himself or emancipate himself? We wondered if that would then drop the court actions due to the fact that he isn't a grandparent? If that makes sense?
We know we sound horrible but this man destroyed our marriage, he has done nothing but harrass and has been able to do it all under the radar, no court will grant us Restraining orders and such!
2 Answers from Attorneys
Usually, any time a grandparent can spend with a child is at the discretion of the parents. Hopefully, everyone is getting along and there are no problems and both parents allow reasonable time for the grandparents to see their grandchildren. If there are problems, the parent who has the child during his/her parenting time would allow the grandparent time to see the grandchild.
Grandparents' visitation rights are not as freely granted as parenting time. A grandparent cannot just file a petition and expect to be granted visitation. Generally, there has to be an underlying situation to grant these rights (i.e. their child died or has lost his/her parenting time for some other reason).
To answer your question, you need to properly respond to the petition by setting forth the facts and law why the visitation should not be granted, and properly prepare for the hearing. I do not think you know the law as well as you think. I doubt that a judge would grant the visitation in your case, if you properly respond and prepare. You should retain an attorney to make sure you obtain the outcome you desire.
Grandparents have a right to seek grandparenting time under the law if the parents are divorced. Their rights are separate and distinct from the parents.
Whether a court awards such grandparenting time or at what intervalls is determined based on a best interests of the child standard. In its determination, the court will review historic granparenting access that has occurred and any concerns that you may have regarding that grandparenting time. A court may appoint a GUardian Ad Litem or evaluator to make a recommendation. If the parti3es cannot agree, ultimately, an evidentiary hearing may be required.
You should retain legal counsel. For a consultation call 612.240.8005.
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