Purpose of the Bill

This bill aims to modify visitation rights to a minor child in Minnesota, specifically addressing situations involving grandparents and great-grandparents. The goal is to ensure that the visitation rights are in the best interests of the child and do not interfere with the existing parent-child relationship.

Main Provisions

• Visitation Rights for Deceased Parent's Relatives: If a parent of an unmarried minor child is deceased, the bill mandates that the court may grant visitation rights to the deceased parent's parents and grandparents. This is contingent upon the court finding that such visitation is in the child's best interests and does not disrupt the parent-child relationship.

• Established Relationship with Grandparent or Great-Grandparent: The bill allows grandparents or great-grandparents to petition the court for visitation if they have a substantial established relationship with the minor child. The court will grant these rights if:

  1. The child’s parents are informed of the hearing.
  2. There is a substantial relationship between the petitioner and the child.
  3. Visitation is in the best interests of the child.
  4. It is proven that visitation will not interfere with the parent-child relationship or that the current living situation may harm the child's health.

• Factors for Court Consideration: In determining the existence of a substantial relationship, the court will consider the level of contact between the petitioner and the child and whether a parent has supported their relationship.

• Best Interests of the Child: The court will evaluate factors to ensure that continued contact with a grandparent or great-grandparent benefits the child.

• Mediation: The bill encourages mediation to resolve disputes amicably between parents or guardians and the petitioner before or during court proceedings.

Significant Changes to Existing Law

• The bill repeals an existing subdivision and broadens the circumstances under which grandparents and great-grandparents can seek visitation rights by adding specific criteria to establish an entitlement to visitation.

Relevant Terms

• Visitation rights
• Grandparents and great-grandparents
• Best interests of the child
• Parent-child relationship
• Mediation and dispute resolution
• Substantial established relationship