Minneapolis Grandparents' Rights Lawyer
Table of Contents
Not only does divorce impact spouses and children, it also impacts other parts of the family. Extended families can also be affected by the split, including doting grandparents who worry about the impact of the divorce on their grandchildren and wonder what their relationship will look like after.
As a parent, watching your child struggle with a contentious divorce can be heartbreaking. However, your relationship with your grandchildren is meaningful, and in Minnesota, you may have legal rights to protect that relationship you have built.
The legal team at Milavetz Law can help with grandparents’ rights in Minneapolis and will guide you through this difficult time. We know that a divorce can impact everyone emotionally, and we want to help protect your grandchildren and preserve your relationship.
Grandparents' Rights in Minneapolis: What You Need to Know
Grandparents’ rights for access and custody of their minor grandchildren can vary widely from state to state but typically focus on the children’s best interests and safety. Minnesota grandparents’ rights laws allow local courts to have broad discretion in determining visitation access for grandparents.
Grandparents’ rights depend on whether their own child—their grandchildren’s parent—is dead and whether the grandchildren have lived with the grandparent for more than 12 months.
However, if the parents are going through a divorce in Minnesota, the residential requirement is waived, and grandparents may petition for visitation with the grandchildren.
The courts typically assume that grandparents will be able to visit the grandchildren when their own child has visitation or custody.
For example, if the grandchildren spend alternate weeks between each of their parents’ households, the grandparents may visit the grandchildren during their own child’s custody week.
However, this may not always be feasible, such as if one parent has limited visitation. The courts allow a grandparent to petition for a visitation schedule in these cases.
Custody Rights for Minneapolis Grandparents
In some situations, grandparents may seek more than just regular visits with their grandchildren. If the courts determine that the children will be safer living away from both biological parents, then a grandparent may petition for third-party custody.
A third-party custody order may be granted for several reasons, such as in cases of:
- Child abuse (physical and psychological)
- Parental abandonment by both parents
- Drug or alcohol use by the parents
- Parental incarceration
Or the courts may determine that a parent cannot care for the children and will act in their best interests because of a physical or mental handicap. If they are incapacitated, the court will grant third-party custody.
In these cases, you and your family law attorney may be asked to present a case as to why you, as the grandparent, are the right choice to act in the child’s best interests.
Do you need help filing for grandparents' rights in Minneapolis?
If you’re concerned about the safety of your grandchildren, or if a divorce has curtailed your regular visits with your grandchildren, then you may have a case to petition for grandparents’ rights through the Minnesota courts.