Grandparents play a vital role in the lives of their grandchildren, offering love, guidance, and stability. However, when family disputes arise—whether due to divorce, parental conflict, or even the death of a parent—grandparents may find themselves cut off from their grandchildren. Fortunately, Minnesota law provides specific circumstances in which grandparents have the legal right to seek court-ordered grandparent visitation.

In this article, we will explore three ways that grandparents can have standing to bring a visitation petition in Minnesota and what factors the court considers when deciding whether to grant visitation.

Understanding Grandparent Visitation Rights in Minnesota

Before discussing the ways grandparents can bring a petition, it is important to understand how Minnesota law approaches grandparent visitation. Under Minnesota Statutes § 257C.08, courts may grant grandparents visitation rights in limited circumstances if it is in the best interests of the child and does not interfere with the parent-child relationship.

While courts recognize the importance of parental autonomy, they also acknowledge the strong bond between grandparents and grandchildren. However, grandparents do not have an automatic right to visitation. Instead, they must establish that they have legal standing—meaning they are eligible to ask the court for visitation—under Minnesota law.

Three Ways Grandparents Can Have Standing in Minnesota

1. When a Parent of the Child is Deceased

One of the most common ways a grandparent can seek visitation in Minnesota is when their child—the parent of the grandchild—has passed away. Under Minn. Stat. § 257C.08, subd. 1, grandparents may petition the court for visitation when their son or daughter has died, leaving behind a surviving minor child.

Key Factors the Court Considers:

• The prior relationship between the grandparent and grandchild
• Whether visitation is in the best interests of the child
• Whether visitation interferes with the parent-child relationship

If the court finds that visitation would benefit the child and not disrupt the surviving parent’s rights, it may grant the petition. However, the surviving parent’s opinion carries significant weight in the court’s decision.

2. When There is an Ongoing Family Court Proceeding (Divorce or Custody Case)

Grandparents may also seek visitation during a divorce, custody dispute, legal separation, annulment, or paternity action involving the grandchild’s parents. This is governed by Minn. Stat. § 257C.08, subd. 2.

When This Applies:

• The grandchild’s parents are involved in an active court case regarding custody, parenting time, or divorce.
• The grandparent has an existing relationship with the grandchild.
• The court determines that grandparent visitation would be in the child’s best interests without interfering with the parent-child relationship.

Grandparents cannot independently bring a petition in this scenario unless there is an open case involving custody or parenting time. If the parents’ case has already been resolved, grandparents must rely on other legal grounds for standing.

3. When the Child Has Lived with the Grandparent for 12 Months or More

A grandparent may also seek visitation if the child has resided with them for at least 12 months, even if there is no current custody or divorce case. This is outlined in Minn. Stat. § 257C.08, subd. 4.

Why This Matters:

• If a child has lived with their grandparent for a year or longer, the law recognizes that the grandparent may have taken on a significant caretaking role.
• The court will consider whether continued visitation is in the best interests of the child.

However, if the child has only lived with the grandparent for less than 12 months, the grandparent does not automatically have standing to bring a petition under this statute. They may need to explore other options, such as seeking third-party custody under Minnesota’s de facto or interested third-party custody laws.

The Best Interests Standard: What Courts Consider

Even if a grandparent has standing to bring a petition, the court will only grant visitation if it is in the best interests of the child and does not interfere with the parent-child relationship. Courts consider factors such as:

• The nature of the grandparent-grandchild relationship: How involved has the grandparent been in the child’s life?
• The child’s emotional needs and stability: Would visitation help or harm the child’s emotional well-being?
• Parental objections: Courts give weight to a parent’s decision to limit or deny grandparent visitation unless the grandparent can show that visitation is necessary for the child’s well-being.
• Any history of conflict: If there is significant animosity between the grandparent and the parent, the court may determine that forced visitation would not be beneficial.

Grandparents vs. Parental Rights: Understanding the Limitations

While Minnesota law allows grandparents to seek visitation, it does not override a fit parent’s fundamental rights to make decisions for their child. The U.S. Supreme Court case Troxel v. Granville (2000) reinforced that courts must give great deference to a parent’s decision regarding grandparent visitation.

Thus, if a parent strongly objects to visitation and there is no compelling reason to override their decision, courts may deny the petition. Grandparents must be prepared to demonstrate that visitation is truly in the child’s best interests.

Practical Steps for Grandparents Seeking Visitation

If you are a grandparent considering legal action for visitation, here are some steps to take:

1. Attempt to Resolve Disputes Outside of Court: Courts prefer that families resolve visitation disputes informally. Mediation or family counseling may be beneficial.
2. Gather Evidence of Your Relationship with the Child: Photos, messages, letters, and witness statements can help demonstrate your involvement in the child’s life.
3. Consult an Experienced Family Law Attorney: Given the complexities of Minnesota’s grandparent visitation laws, working with an attorney can significantly increase your chances of a successful petition.

Conclusion

Grandparents play a valuable role in a child’s upbringing, and Minnesota law recognizes their right to seek visitation under certain circumstances. By understanding the three ways to establish standing—when a parent has passed away, during a family court case, or when the child has lived with the grandparent for 12 months—grandparents can determine whether they have legal grounds to request visitation.

However, courts will always prioritize the child’s best interests and the parent’s rights. If you are a grandparent facing difficulties in maintaining a relationship with your grandchild, seeking legal guidance is crucial to navigating this complex process.

Would you like to learn more about your rights as a grandparent? Contact an experienced Minnesota family law attorney to explore your options.