Legal Question in Family Law in Minnesota
My sister no longer wants me in her or my niece's life. She says that I am a selfish B.... and that all I think about is myself. This is due to my divorce 3 years ago and I am now newly engaged. I have moved on from my past and she can't stand that I am happy. I would like to know if I have a legal standing and can sue for visitation rights under the MN law that states "any interested party" can sue for third party visitation.
1 Answer from Attorneys
No. You would only have standing to seek visitation if the child has resided with you for 2 years or more under Minn. Stat. 257C.08. and that the child and no longer resides with you
Even then, the court must find that:
(1) visitation rights would be in the best interests of the child;
(2) that you and the child have established emotional ties creating a parent and child relationship; and
(3) visitation rights would not interfere with the relationship between the custodial parent and the child.
It would be a difficult case.