Legal Question in Family Law in Minnesota

Grandparents Child Custody Rights

My grandson has been living with his mother's parents for the past 7 months. The child's mother voluntarily let him go live there. She is considering having him come back and live with her. She is a mess. Her and my son got pregnant when she was 17. She is now 21. She divorced my son after a year of marriage. She was given physical custody and they both have joint legal custody. Since the birth of my grandson she has not been the sole care giver for more than a week since his birth. She let him go live with her parents so she could get herself together. Since then she has been a stripper at a gentlemans club, a cocktail waitress in a nightclub and a beverage cart driver at a golf course. I would like to pursue getting custody of my grandson. My son (his father) currently lives out of state and is considering moving closer to home to be closer to his son. He financially does not have the means to be the sole care giver of his son. He does not get along with his ex-wife. When they are together they have terrible fights. Do I have any rights as a grandparent to pursue getting custody of my grandson?


Asked on 7/09/04, 2:55 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Grandparents Child Custody Rights

It would be very difficult for you to successfully seek custody for several reaasons. First, if the child has not lived with you, you may not have standing to seek custody. Second, if teh maternal granparents seek custody, they are in a better position to be awarded that custody since they have provided care for the child.

Your best option is to have your son move back and perhaps even in with you. He then would be in a good position to seek custody.

For a consultation call 952.746.2153.

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Answered on 7/12/04, 8:45 am


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