Legal Question in Family Law in Minnesota

Grandparents Visitation Rights

I have a friend who is an at home mom. Her husband travels a lot for work and is rarely home. While he is gone his parents have harrassed and threatened my friend. Because of this, she cut all contact with them. They are now threatening to sue her for custody of her two children. My question is, what chance do they have of winning? And do they even have the right to do this? I feel that since she is still married to their son (with no plans for divorce) they don't really have the right to fight for custody and that if they want to see their grandkids, they should either talk to their son about it, or stop harrassing their daughter-in-law. Anyway, if anyone can help, I would really appreciate it. Thank you.


Asked on 10/08/04, 12:24 pm

1 Answer from Attorneys

Re: Grandparents Rights

In theory, a grandparent could sue for custody, but if the child has been residing with the mother all this time, it would be exceedingly difficult for the grandparent to dislodge the child from her custody, unless the mother is guilty of some sort of child abuse, endangerment or neglect.

Also, depending on the kinds of threats and harassment your friend is experiencing, it might be appropriate for her to obtain a protection order or a harassment restraining order.

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Answered on 10/23/04, 7:30 pm


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