Grandparents play an important role in a child’s life, but when parents separate or family conflict arises, grandparents may be left behind. It is normal to wonder whether the grandparents can still see their grandchildren.
In Minnesota, grandparents do have certain legal rights to request visitation—but it is not automatic.
If you are a grandparent concerned about maintaining a relationship with your grandchild, here’s what you need to know about how Minnesota handles visitation requests.
Grandparent Visitation Rights Under Minnesota Law
Minnesota law allows grandparents to seek court-ordered visitation in several situations:
- When the parents are divorced: Grandparents can request visitation during or after a divorce case.
- When one parent has died: Surviving grandparents may petition for visitation to preserve their relationship with the child.
- When the child has lived with the grandparent: If a grandchild has resided with a grandparent for a significant period, they may have standing to request visitation rights.
However, courts must balance the grandparents’ request with the parents’ right to raise their child as they see fit.
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The “Best Interests of the Child” Standard
When deciding whether to grant grandparent visitation, Minnesota courts focus on what is in the best interests of the child. Factors the court considers include:
- The existing relationship between the child and the grandparent.
- The child’s emotional and physical well-being.
- Whether visitation would interfere with the parent-child relationship.
- The wishes of the parent(s), if known.
Courts generally favor maintaining healthy family connections when doing so supports the child’s welfare.
When Grandparent Visitation May Be Denied
Even if a grandparent has standing to request visitation, the court may deny the request if:
- There is evidence that visitation would endanger the child’s physical or emotional health.
- The request would significantly interfere with the custodial parent’s relationship with the child.
- The grandparent has a history of abuse, neglect, or unsafe behavior.
Filing a Petition for Grandparent Visitation
To pursue visitation, grandparents must file a petition in the appropriate Minnesota family court. This legal process includes:
- Submitting a petition that explains the existing relationship and why visitation is in the child’s best interest.
- Attending a court hearing where both sides can present evidence.
- Allowing the judge to issue a ruling, which becomes enforceable once signed.
Because the process can be legally complex, many grandparents choose to work with an experienced Minnesota family law attorney to improve their chances of success.
Why Legal Help Matters in Grandparent Visitation Cases
Courts are cautious when balancing parental rights and grandparents’ requests. A lawyer can help you:
- Prepare a strong petition supported by evidence.
- Demonstrate that visitation supports the child’s well-being.
- Navigate objections from one or both parents.
With the right legal guidance, grandparents can improve their chances of staying a meaningful part of their grandchild’s life.
Protect Your Relationship With Your Grandchildren
If you are a grandparent seeking visitation rights in Minnesota, it’s important to act quickly and build a strong legal case. Courts will always prioritize the child’s best interests, but your relationship with your grandchild matters.
Contact Martine Law today to schedule a confidential consultation. Our compassionate Minnesota family law attorneys can help you pursue visitation rights and protect your bond with your grandchildren.