Providing You & Your Family With

The law has long upheld that the care and custody of minor children is the purview of the parents; however, that is not unfettered. The State of Minnesota has a duty to see that the best interests of children are served and does so through the courts.

The rights of grandparents are rooted in common law, although those rights were moral rather than a matter of state statute. Ironically, it has been the breakdown of the family that has caused more grandparents to turn to the courts for help when parents will not let them spend time with their grandchildren. Minnesota law regarding a grandparent's rights to visitation and custody is relatively new.

The law and the courts are driven by two principles: the best interests of the child and the protection from interference in the parent-child relationship.

You should first try to obtain the voluntary permission of your grandchildren's parents to spend time with them. If the parents refuse, you could ask them to participate in mediation which would keep everyone out of court. If that fails, you can file for visitation through the court if you meet any of these standards:

• Your child is deceased, and you want to establish visitation with your deceased child's minor children.
• Your child is in the process of or has completed a divorce, annulment, legal separation, custody, or paternity proceeding, and you wish to establish visitation. If denied, you may not petition the court for six months unless the grandchildren's parents agree to it.
• Your grandchildren lived with you for at least 12 months before they were removed from your home by their parents.

• Do you spend time and talk to your grandchildren?
• How well do you know your grandchildren and their preferences, habits, interests, and activities?
• Do you help your grandchildren with learning and educational activities such as homework?
• Do your grandchildren enjoy spending time with you?

Third-party custody gives legal and/or physical custody of minor children to someone other than the biological parents, for example, a grandparent. This should not be confused with a guardianship which may be awarded if both parents are deceased, or if their parental rights have been terminated. The biological parents may still retain visitation, or "parenting time," and may be ordered to pay child support.

As a grandparent, you may want to pursue third-party custody to provide a stable, safe, and healthy environment for your grandchildren if you fear for them in the custody of their biological parents. With custody, your grandchildren will live with you, and you will make decisions about their education, healthcare, and other major issues.

In reviewing what is in the best interest of the minor children in a third-party custody matter, the court will consider the mental and physical health of everyone involved as well as their wishes for the children. If mature enough, the court will consider what the child wants as well. Also considered are factors such as:

• The relationship between the child and all other parties
• Who currently acts as the child's major caregiver
• How custody would affect the child's relationships with siblings and others
• How safe and stable is the current home the child resides in
• The impacts on the child regarding the location of the home, schools, church, and other factors
• The strength of the current family unit
• The child's cultural and religious heritage and the importance of supporting it
• The evidence of any abuse or neglect