Grandparents’ Rights

Minnesota Grandparents’ Rights Lawyer & Attorney

Grandparent Visitation and Custody Rights

In the state of Minnesota, grandparents are given some legal right to visitation of minor children. If your child is deceased and you are being denied access to your grandchildren, you may go to court and request a set parenting time schedule, as if you were the parent of the children. Otherwise, the court allows grandparents to seek visitation rights as an interested third party or de facto custodian.  Contact the family law attorneys at Heimerl & Lammers to discuss your situation.

The Rights Of Grandparents

The Minnesota third party custody law says that grandparents have rights to their grandchildren, especially if their grandchildren are living in a less than favorable environment. Grandparents also play a valuable role in a child’s life, so it is important that grandparents are able to visit their grandchildren.

Grandparents may find themselves in a situation where they are not entirely sure where they stand, is when their child and their child’s spouse divorce. Another situation is when their child passes away and they may have difficulty getting their child’s spouse to give them access to the grandchildren. Grandparents can feel as if they are left out in the cold. Here are areas where a third party custody lawyer can help grandparents:

  • Grandparent visitation – When parents divorce or one parent is deceased, grandparents have a legal right to visitation. A third party custody attorney in Minnesota can help grandparents obtain visitation rights.
  • Grandparent custody (aka Third Party Custody)– If a grandparent finds that their grandchildren are endangered through abuse, negligence, or disregard for their well-being, grandparents have the right to seek custody in order to protect the best interests of the child.

De Facto Custodian

If your grandchild has resided in your home and you have acted as a primary caretaker for them, then you may be able to get custody of your grandchild as a de facto custodian. The child must live with you for an extended period of time, and the child’s parent(s) must be failing in some way to provide for the child’s needs. If you believe that you qualify for this, or have questions regarding your own situation, contact the Minnesota Divorce Attorneys at Heimerl & Lammers today.

Third Party Custody Rights

If you do not qualify under the more specific requirements of a de facto custodian, but you believe it is in the best interest of your grandchild to be in your care and custody or even to have set visitation time with you, then you may be able to file a petition to the court as an interested third party. This is not limited only to grandparents and allows for a child to be removed from a situation that may not be the best for them.

If you have been raising your grandchildren on your own, you should have a custody consent decree, signed by the parent, giving you legal rights to enroll the children in school, take them to the doctor, and make day-to-day decisions for them. Contact the Minneapolis family law attorneys at Heimerl & Lammers today. We can help you draft an agreement that fits your needs and walk you through the court process to get custodial or visitation rights to your grandchildren.

Minnesota Divorce Custody Attorney

When needing representation in a Minnesota third party custody case, the following is provided:

  • Representation of a grandparent seeking custody of grandchildren
  • Representation of a grandparent when their son is involved in a paternity dispute
  • Non-relative third parties seeking custody of a child
  • Grandparents seeking custody while preserving parenting time and visitation rights of the mother
  • Grandparent visitation rights

The goal is to do what is best for the child, while helping you meet your goals. We will work with psychologists and child specialists to ensure that every action is in the best interest of the child.