Grandparent Rights

Grandparent Rights Attorney In Anoka, Minnesota

Grandparents should have the right to watch their grandchildren grow up. However, there are times when grandparents find that the access that they should have to their grandchildren is limited in some way.

If you are a grandparent and you are experiencing issues seeing your grandchildren, you need the help of an experienced Anoka family law attorney to help you. Christian Peterson is well-versed in grandparent rights and can help you maintain your relationship with your grandchildren.

Exercising Your Rights As Grandparents

Grandparent rights in Minnesota are outlined in section 257C of the Minnesota Statutes. These statutes state that a grandparent may request visitation rights if they are not being allowed to access their grandchildren. Grandparenting time can be determined and the court will determine the type of relationship and personal interaction that existed between the child and the grandparent before the grandparents filed the petition.

The relief that a grandparent may seek, aside from visitation, includes:

  • The possibility of gaining custody of grandchildren if there is good reason. For instance, the child may have resided with the grandparent for quite some time. If the court finds that the custodial parent is unable to provide for the physical and emotional needs of the child, the grandparent could gain custody.
  • A grandparent may be eligible to apply for custody of a grandchild if they find it necessary for the child to be removed from the custody of the parents. They must file a petition as an interested third-party to do this.

The court will make its decision following documented evidence and testimony.

Helping Establish Visitation With Grandchildren

While there are times when visitation will be granted while the children are in the custody of their parents, there may be cases where parental rights may be terminated and the child adopted by a person other than a step-parent or another grandparent. It is important to know that when a parent’s rights are terminated, so are the rights of the grandparent.

If the child is adopted by a step-parent, then the grandparents can obtain the help of their Minnesota family law attorney and petition the court for grandparenting time. Grandparenting time can be sought if the grandparent is the parent of a deceased parent, the grandparent is the parent of a child whose parental relationship was terminated by an adoption decree, the court determines that the grandparent having visitation rights is in the best interest of the child, or the court determines that granting the grandparent visitation would not interfere with the child’s relationship with their parents.

If any of these circumstances exist, then the grandparent can gain rights to the child and move forward with the relationship.