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.


Asked on 9/05/12, 3:01 pm

1 Answer from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

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.

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Answered on 9/05/12, 9:22 pm


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