Protecting Your Right to Maintain Meaningful Relationships with Children

Under Minnesota law, third parties may be granted visitation rights in exceptional circumstances. While often referred to as the “grandparent visitation statute,” these rights are not limited to grandparents. If you are a non-parent seeking visitation with a child, the experienced Minnesota Third-Party Visitation Lawyers at Barna, Guzy & Steffen can help. Call us today at (763) 783-5146 to learn more about your legal options.

Who Qualifies for Third-Party Visitation in Minnesota?

Minnesota law allows certain non-parent individuals to petition for visitation rights. These individuals may include:

  • Parents or grandparents of a deceased parent – If a parent has passed away, the surviving grandparents or parents of the deceased may seek visitation.
  • Grandparents or great-grandparents involved in a family court proceeding – If the child is involved in custody or divorce proceedings, grandparents and great-grandparents may petition for visitation.
  • Grandparents or great-grandparents who have lived with the child for 12 months or more – If a grandparent or great-grandparent has provided significant care and lived with the child for at least one year, they may qualify for visitation rights.
  • Individuals who have resided with the child for two years or more – If a person (other than a foster parent) has lived with the child for at least two years and developed a parent-like bond, they may petition for visitation.

Additionally, Minnesota common law may allow other individuals, such as siblings or those who have acted as a parent, to seek visitation rights in specific cases.

How the Court Determines Third-Party Visitation Requests

A court’s primary concern in any third-party visitation case is the best interests of the child. The court evaluates multiple factors before granting visitation rights, including:

  • The child’s best interests – Whether granting visitation supports the child’s emotional and psychological well-being.
  • The child’s preference – If the child is of a sufficient age and maturity level, the court may consider their preference regarding visitation.
  • Impact on the parent-child relationship – Ensuring that third-party visitation does not interfere with the custodial parent’s relationship with the child.
  • The extent of prior contact – Assessing the existing relationship between the petitioner and the child before deciding on visitation.

Termination of Third-Party Visitation Rights

Visitation rights granted to third parties will terminate if the child is adopted by someone other than a stepparent or grandparent. This means that if a biological parent’s rights are terminated and the child is adopted by non-relatives, the previous third-party visitation order will no longer be valid.

Legal Process for Third-Party Visitation in Minnesota

If you are seeking visitation rights as a grandparent, sibling, or another non-parent, the legal process generally involves the following steps:

  1. Filing a Petition for Third-Party Visitation
    A formal petition must be filed in the appropriate Minnesota family court. The petition should demonstrate the relationship with the child and why visitation is in the child’s best interests.
  2. Notifying the Custodial Parent
    The custodial parent must be formally notified of the petition and has the right to respond. If the parent objects, the case may proceed to a hearing.
  3. Court Hearing and Evidence Presentation
    If the petition is contested, the court will hold a hearing where both sides can present evidence, which may include:
  • Testimony from the petitioner
  • Statements from the custodial parent
  • Expert witnesses (e.g., child psychologists)
  • The child’s input (if appropriate)
  1. Court Decision
    The judge will decide whether to grant visitation rights based on the presented evidence and legal standards. If granted, the court will issue an enforceable visitation order outlining the terms and conditions.

Common Challenges in Third-Party Visitation Cases

Seeking third-party visitation can be a complex and emotional process. Common challenges include:

  • Parental Objections – Courts typically prioritize the rights of biological parents, making it challenging to obtain visitation if the parent objects.
  • Proving Best Interests – The petitioner must present clear and convincing evidence that visitation benefits the child.
  • Adoption Termination – If the child is adopted by non-relatives, all existing third-party visitation rights are automatically terminated.
  • Limited Legal Precedent – Minnesota law on third-party visitation is somewhat limited, and each case is highly fact-specific.

Why Choose Barna, Guzy & Steffen for Your Third-Party Visitation Case?

Navigating third-party visitation cases requires legal expertise and strong advocacy. At Barna, Guzy & Steffen, we provide:

  • Personalized legal strategies tailored to your unique situation
  • Experienced representation in contested family court cases
  • Strong advocacy for children’s best interests
  • Comprehensive family law services, including custody, child support, and parental rights

With decades of experience handling complex family law matters, our team is committed to helping non-parents secure meaningful relationships with children.

Frequently Asked Questions

Who can petition for third-party visitation?
Eligible individuals include grandparents, great-grandparents, siblings, and non-parents who have lived with the child for an extended period.

How does the court determine if visitation is in the child’s best interests?
The court considers factors such as the child’s emotional needs, prior relationship with the petitioner, and impact on the parent-child relationship.

Can third-party visitation be denied?
Yes. If the court finds that visitation would interfere with the parent-child relationship or is not in the child’s best interests, it can deny the petition.

Can third-party visitation be modified?
Yes. Either party can request a modification of visitation rights if circumstances change significantly.

Does adoption affect third-party visitation rights?
Yes. Visitation rights are automatically terminated if the child is adopted by non-relatives. However, if the adoption is by a stepparent or grandparent, visitation rights may continue.

Contact Us Today

If you are seeking third-party visitation rights in Minnesota, trust the legal team at Barna, Guzy & Steffen to protect your rights and advocate for your relationship with the child.

Call us today at (763) 783-5146 to schedule a confidential consultation.