grandparents rights in minnesota

As the grandparent of children impacted by divorce, you’re understandably concerned about your future role in your grandchildren’s lives. Thankfully, it may still be possible to maintain a strong relationship with your grandchildren. Read on to learn the basics of grandparent rights in Minnesota:

When Are Visitation Rights Awarded to Grandparents?

In Minnesota, it is generally presumed that grandparents will enjoy contact with their grandchildren during their own child’s visitation time. This is not always possible, however. For example, grandparents may seek visitation rights in court if their grandchild’s parent passes away. Likewise, grandparents can obtain visitation rights if their grandchildren have resided with them for at least twelve months. Visitation may also be possible for grandparents significantly involved in aspects of the dissolution process such as custody or parentage proceedings.

In addition to abiding by the restrictions outlined above, Minnesota courts only award grandparents and other third-party individuals visitation rights if they are deemed in the best interest of the child. Courts typically do not award grandparent visitation if they believe it will negatively impact parent-child relationships.

What About Grandparent Custody?

Grandparent custody is often confused with visitation, but they are entirely different matters. While many grandparents simply want to spend time with their grandchildren, some may seek custody if they feel that parent custody could prove harmful.

In Minnesota, grandparent custody cases typically fall under the scope of third-party custody. To achieve custody, grandparents must demonstrate that children have been abandoned, neglected, or have otherwise suffered extraordinary circumstances that place grandparent custody above the court’s stated priority of maintaining strong parent-child relationships.

Divorce should not harm your relationship with your grandchildren. Look to the team at the Brown Law Offices for assistance with grandparent custody and visitation.

Your adult daughter is getting a divorce. Guess who’s likely to be spending more time with the grandchildren? The assumption may be intrusive, but it’s also natural; after all, in a time of crisis like this, to whom else can your daughter turn, especially when childcare becomes an instant need? More importantly, how can you provide needed support for your daughter during her Minnesota divorce, as well as support for your grandchildren, without upending your own life? The following grandparent’s guide provides some helpful, common-sense tips.

Exercise active support and patience in the short-term

The days immediately following your daughter’s split from her spouse are likely to be filled with turmoil—not just the emotional fallout with her and with the grandkids, but also with the stresses of becoming a newly single parent and all that entails. Now is the time to provide as much support as you can until the family can regain its footing. You may be called upon to babysit more frequently while your daughter juggles a job and the many details surrounding a divorce. There may be no need to offer words of advice at this time; the best support you can offer is to be present and available.

Maintain a consistent front with your daughter for the grandchildren

As you spend more time with your grandchildren, you can expect them to ask some questions as they continue to process the reality of divorce. Confer with your daughter to learn how she has broken the news to the children so your answers can be neutrally supportive, consistent with what their mother has told them. If you are unsure how to answer, defer to their mother. You may have strong feelings about the ex, but now is not the time to share that information with the children.

Acknowledge that the arrangement is temporary

While offering extra support in the short-term, you are within your rights to emphasize that this additional help is temporary until she finds her feet. As an adult, your daughter needs to figure out how to move forward as a single parent, including setting up a more permanent solution for childcare. Don’t be afraid to say no to babysitting requests if you need a break or have other plans, and don’t be pressured to set aside any long-term plans for your “golden years.” You aren’t being selfish by drawing healthy boundaries—in fact, you are empowering your daughter to regain her self-sufficiency for the long run.