Legal Question in Family Law in Minnesota

In general terms, grandparents do not have legal rights regarding grandchildren absent a court order or other transfer of rights from a custodial parent. However,in Minnesota, grandparents, or other interested third parties, may have standing to pursue custody of a child or visitation rights with respect to a child if certain conditions are met.

Under Minnesota law, child custody includes legal and physical custody. Legal custody concerns decision-making authority whereas physical custody concerns the child's residence and routine daily care and control. Visitation rights (also called "parenting time") refers to access time with the child.

As a grandparent, you may have standing to pursue custody rights if extraordinary circumstances exist where the child has either lived with you for an extended period of time or where the child's parent has abandoned, neglected, or otherwise exhibited disregard for the child�s well-being to the extent that the child will be harmed by living with the parent. If extraordinary circumstances exist, you should seek legal advice concerning your specific circumstances on what options may be available to you.

Thank you for the post.

I am unsure what you are seeking as a grandparent. However, as a general rule, grandparents may seek visitation if the parents of the children have been divorce, legally separated or there has been a custody action. Grandparents may also seek visitation if a parent has passed away or the grandchild has lived with the granparent for one year or more.

Custody issues for grandparents are much more difficult. There is a presumption that favors custody to parents. Although that presumption can be rebutted, there is a far more significant hurdle to making a threshhold case.

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