• Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar
  • Skip to footer
Call For A Free Consultation651-686-8800
  • Firm Overview
    • Articles
    • Settlements & Verdicts
    • Video Center
  • Attorneys
    • Jeffrey S. Sheridan
    • DeAnne L. Dulas
    • Andrew T. Hunstad
    • Randall A. Kins
  • Practice Areas
    • Criminal Defense
    • Aggressive DWI Defense
    • Aviation Lawyers
    • Family Law
    • Estate Planning & Litigation
    • LGBT Rights and Family Issues
    • Business Law And Litigation
      • Real Estate Law
      • Small Business Law
    • Federal Workers’ Compensation
    • Other Areas Of Law
  • Blog
  • Contact

Are Visitation Rights Limited To Parents?

June 8, 2016 by Sheridan & Dulas, P.A.

Issues relating to Minnesota child custody are not limited to the rights of the parents. Several laws govern possible visitation rights for other individuals. For example, when a child’s parent has died, the grandparents or great-grandparents on the side of the deceased parent may also seek reasonable visitation rights.

A court may grant reasonable visitation rights to the parents and grandparents of the deceased parent if these rights would be in the best interest of the child and would not interfere with the relationship between the parent and the child. Courts have to consider the amount of personal contact between the deceased’s relatives when ruling on this matter.

These rights may be considered in all family court proceedings for dissolution, custody, legal separation or parentage. When these motions are denied, courts cannot consider another motion for six months unless the parties agree in writing. A preponderance of evidence has to support a finding that visitation would interfere with the parent-child relationship.

If the child resided in another household with a person who is not a foster parent for at least two years, that person may also petition for reasonable visitation rights until the child becomes an adult. The court has to consider that visitation rights would be in the child’s best interest, that the person and the child had emotional ties which established a parent-child relationship and visitation would not interfere with the relationship between the custodial parent and the child. The court also should consider the child’s preference if the child is old enough to express a choice.

These rights do not apply where the child was adopted by a person who is not a stepparent or grandparent. However, grandparents of an adopted child may ask a court to grant visitation rights if the grandparent is the parent of the child’s deceased parent, a decree of adoption terminated a parental relationship and the visitation would be in the child’s best interest and would not interfere with the parent-child relationship.

A child custody dispute and visitation issues may be complicated and require the presentation of evidence in court proceedings. Legal representation can help assure that a party’s rights are protected and courts help determine the child’s best interest.

Source: The Minnesota Office of Revisor of Statutes, “257c.08-Rights of visitation to unmarried persons,” Accessed June 6, 2016

Categories: Child Custody Tags: Child Custody, Family Law

Primary Sidebar

Practice Areas

  • Criminal Defense
  • Aggressive DWI Defense
  • Family Law
  • Estate Planning & Litigation
  • LGBT Rights and Family Issues
  • Aviation Law
  • Federal Workers’ Compensation
  • Business Law And Litigation
    • Small Business Law
    • Real Estate Law
  • Other Areas Of Law

Contact the Firm

    Footer

    Schedule a Consultation

    Sheridan & Dulas, P.A. logo Sheridan & Dulas, P.A.

    1380 Corporate Center Curve #320
    Eagan, MN 55121

    Tel: 651-686-8800
    Driving Directions

    Hours

    Mon-Fri: 8:30 am – 5:00 pm

    Schedule a Consultation

    Practice Areas

    • Criminal Defense
    • Aggressive DWI Defense
    • Family Law
    • Estate Planning & Litigation
    • LGBT Rights and Family Issues
    • Aviation Law
    • Federal Workers’ Compensation
    • Business Law And Litigation
      • Small Business Law
      • Real Estate Law
    • Other Areas Of Law
    The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this website, in whole or in part, or communication with the Sheridan & Dulas, P.A. via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient. You should not send any confidential information in response to this webpage. Such responses will not create a lawyer-client relationship, and whatever you disclose will not be privileged or confidential unless this firm has agreed to act as your legal counsel and you have executed a written engagement agreement with Sheridan & Dulas, P.A.. | Copyright © 2021 | All rights reserved | Disclaimer | Privacy Policy | Sitemap