Grandparents are in a unique position to provide guidance and stability to their grandchildren. When something happens to interfere with that relationship, it can be heartbreaking for the grandparents and confusing for the grandchildren.
If you are being denied contact with your grandchildren or believe it is best to seek custody of them, seek the services of a Rochester grandparents’ rights lawyer. Our family attorneys can explain Minnesota laws and help you develop a strategy to ensure your rights as a grandparent are protected.
Grandparents do not have the right to unrestricted access to their grandchildren. However, a grandparent often has legal grounds to seek court-ordered visitation. A grandparents’ rights attorney in Rochester can review your situation and determine whether you have legal grounds for visitation.
Minnesota Statutes § 257C.08 allows grandparents to petition the court to grant visitation in several circumstances. These include:
The law also permits grandparents to petition for visitation if a grandchild has been adopted by a stepparent and other specific conditions are met.
In all cases, when grandparents seek visitation, a court must make a two-step determination. First, time with the grandparents must serve the children’s best interests. Second, grandparent visitation must not interfere with the grandchildren’s relationship with their parents.
Sometimes parents ask grandparents to look after their children. The parents might be unable to find decent housing or could be struggling with addiction or mental health challenges that prevent them from providing proper care to their children. In these situations, the parents and grandparents intend the arrangement to be temporary.
In these cases, you should hire a grandparents’ rights lawyer in Rochester to take steps to formalize the arrangement with a Delegation of Parental Authority (DOPA). Doing so ensures that the grandparent can travel with the children without complications and has the authority to make decisions about the children’s healthcare, education, and religion.
However, there are limitations to this. For example, a person holding a DOPA cannot decide that the children should be taken away from their parents. Parents retain their decision-making authority and can override a decision that a grandparent with a DOPA makes.
Sometimes, tragedy or challenging circumstances compel grandparents to seek parental rights or custody of their grandchildren. These situations often arise when parents struggle with addiction, homelessness, or mental health challenges. Grandparents seeking custody or parental rights are considered interested third parties under the law.
The grandparents have the burden of proving that there is a substantial emotional connection between themselves and their grandchildren. They must also demonstrate that the parents cannot provide a suitable environment for the children and that remaining with the parents endangers the child’s physical or emotional well-being. A court will award custody to grandparents only when doing so clearly serves the children’s best interests.
There is a legal presumption in favor of children remaining in the care of their parents. Obtaining custody of grandchildren over the parents’ objection requires assistance from a skilled and experienced grandparents’ rights attorney in Rochester.
Grandparents are sources of comfort, stability, and security for their grandchildren. The law recognizes the value of the grandparent/grandchild relationship and offers several ways to maintain and strengthen it.
Meet with a Rochester grandparents’ rights lawyer at Kohlmeyer Hagen, Law Office, Chtd. if you are concerned about your grandchildren. We can review your circumstances and help you meet your goals. Schedule an initial consultation with a member of our team today.
