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Minnesota Grandparent’s Rights

Grandparent Rights to Visitation: Visitation may be granted if the grandparents are the parents of a deceased parent of the child; during or after proceedings for dissolution of the child’s parents’ marriage, child custody, legal separation, annulment, or paternity; or if the grandchild has resided with the grandparents or great-grandparents for a period of twelve months or more and is subsequently removed by the child’s parents. Visitation must be found to be in the best interest of the child. M.S.A. 257.022.

When Adoption Occurs: Visitation rights terminate upon adoption by anyone other than a stepparent or grandparent.

Child Custody Statutes: Factors: (1) wishes of the parties; (2) preference of the child, if of sufficient age; (3) child’s primary caretaker; (4) intimacy of the relationship between child and each party; (5) interaction and interrelationship between child and the parties, siblings, and other significant persons; (6) child’s adjustment to home, school and community; (7) length of time in a stable, satisfactory environment, and desirability of maintaining continuity; (8) permanence, as a family unit, of the existing or proposed home; (9) mental and physical health of all persons involved; (10) each party’s capacity and disposition to give love, affection, and guidance, and to continue educating and raising the child in the child’s culture and religion, if any; (11) child’s cultural background; (12) effect of any domestic violence on the child; and (13) any other relevant factor. M.S.A. 518.17. See M.S.A. 518.179 for list of criminal acts which prohibit custody.

Parents May Choose: No


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