Grandparents’ Rights

Mankato Family Law Attorney

Muslim Arabic family indoorGrandparents should not have difficulty having relationships with their grandchildren, but grandparent rights can be violated quite frequently. Fortunately, Minnesota is a state that has a law that allows the court to grant grandparents relief when it comes to being able to see their grandchildren.

If you are a grandparent who has not been able to have a relationship with your grandchildren and you wish to, you need to work with a Mankato grandparents’ rights attorney who understands what you are going through and how stressful it is to not see the grandchildren that you love.

Grandparents’ Rights In The Law

Grandparent rights are outlined in section 257C in the Minnesota Statutes. The law says that if a grandparent is not being allowed to have access to their grandchildren, they may request visitation rights. This means that grandparenting time will be considered and the court will also consider the relationship and personal interaction that previously existed between the child and the grandparent before the visitation petition was filed.

Aside from visitation rights, there are other ways grandparents can seek relief when it comes to the care of their grandchildren. Those ways are:

  • Grandparents could gain custody of grandchildren, especially if the grandchild lived with them for a period of time. The court considers whether or not the custodial parent has been able to provide for the child emotionally and physically.
  • Grandparents who can apply for custody of their grandchildren but still want their grandchildren to be removed from the parents’ custody and placed in their custody can file a petition as a third party interested in custody of that child.

After testimony and evidence that has been documented, the court will make a decision.

Visitation After Termination Of Parental Rights

There are times when a parent’s rights are terminated. When this occurs, the grandparent’s rights are terminated as well. If a child is adopted by someone other than a grandparent or step-parent, the grandparent will lose their rights to their grandchildren.

If the child is adopted by a step-parent, then the grandparent can file a petition asking for parenting time. Certain circumstances have to exist, such as the grandparent being the parent of a deceased parent, the grandparent is the parent of a child whose parental rights were terminated by adoption, the court determines that grandparent rights would be best for the child, the court determines that granting visitation to the grandparent would not interfere with the child’s relationship with their parent.

The main area that the court looks at is the relationship between the grandchild and the grandparent. If it is a good relationship, then the court will be more interested in that relationship continuing. You can work with your grandparents’ rights lawyer regarding this so you can receive the best possible outcome.

Contact A Mankato Divorce Lawyer

Grandparents have rights too and it is important to ensure those rights are realized and exercised. If you are a grandparent who has been denied visitation with your grandchildren, you may be able to petition the court for the right to see them. All you have to do is contact an experienced attorney to help you file that petition and who will advocate for you in court. To learn more about what Birkholz Law, LLC can do for you, call the Mankato office at 507-387-2100, the St. James office at 507-375-3374, or the Westbrook office at 507-274-6501 for a free consultation.