Divorce not only impacts couples but children and grandparents as well. While divorce means parents will no longer be sharing a life together, children and their grandparents should still be able to see each other.
Grandparents’ rights across the country have been debated over the last few years. More grandparents’ want to stay involved in their grandchild’s life but some parents won’t allow their children to visit with their grandparents anymore.
What can grandparents in Minnesota do if they are having difficulties visiting their grandchildren after their child gets divorced? Under state law, grandparents are able to seek visitation under the following conditions:
- The grandchild’s biological parent is dead, or
- The grandchild has lived with a grandparent for at least 12 months, or
- The request is made during or after the divorce, custody, legal separation, annulment or paternity case.
Family law courts in Minnesota always consider the best interests of the child in grandparent visitation or custody cases. They will also consider how often grandparents are in contact with the child and if visits will interfere with the child’s relationship with his or her parents.
Grandparents not being allowed to see their grandchildren are able to seek visitation rights, regardless of if the child’s parents were married or not.
This is only an overview of grandparents’ rights in Minnesota and what steps grandparents can take if they are unable to see their grandchildren. Since there are several factors a family law judge will consider during a visitation request by grandparents, it is best to work with a family law attorney to discuss the specific case.
Source: Grandparents, “Do Grandparents Have the Rights They Should?” John Bringardner