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Rochester Grandparent Rights Lawyer

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Compassionate, Solutions-Driven Rochester, MN Grandparent Rights Attorneys

At Kohlmeyer Hagen, Law Office Chtd., our Rochester grandparents’ rights lawyer has a deep, thorough understanding of Minnesota law. No matter the nature of your grandparents’ rights case, we are more than ready to help you find the best solution. If you need more information regarding grandparents’ rights, we are available as a legal resource. For a completely private, no commitment family law case review with a Minnesota grandparents’ rights attorney, please call us at our Rochester law office today. 

Understanding Grandparents’ Rights in Rochester, MN (An Overview of State Law)

A grandparent’s relationship with a grandchild is important. A grandparent can play a key role in a child’s social and emotional development. Grandparents’ rights are also one of the most commonly misunderstood family law issues in Rochester. At Kohlmeyer Hagen, Law Office Chtd., our Olmsted County family law team has extensive experience handling complex grandparent rights matters. We dedicate ourselves to providing clients with all of the necessary tools, resources, and legal expertise that they need to solve problems and make the best decisions for their family. Here are four key points that you should know about grandparents’ rights in Rochester, Minnesota: 

  • Parental Rights are Significantly Stronger than Grandparents’ Rights: Our objective is to give clients an accurate, fact-based comprehension of the legal process, avoiding any unrealistic hopes. As a baseline for any case, grandparents must recognize that their family law rights are always subordinate to those of the child’s parent(s).
  • Grandparents Could Be Granted Legal Visitation (Under Specific Conditions): In Minnesota, grandparents unable to reach an agreement with the child’s custodial parent or parents can petition the court for grandparent visitation time. Though, not all grandparents in the state can qualify for legally guaranteed visitation rights. A grandparent may successfully get access to legal visitation with a grandchild(ren) in Minnesota if: 1) The grandparent’s child (child’s parent) has died. 2) The grandparent’s child lacks legal rights due to a stepparent adoption, or 3) The grandparent has been the primary caregiver of the child for at least one year.
  • Grandparent Visitation Can Be Pursued During Divorce/Separation: When the child’s parents have divorced or are in the process of divorcing, or if they have separated and undergone a custody proceeding, the child’s grandparents might be entitled to claim visitation rights based on prior proceedings. For more information, please do not hesitate to contact our Rochester family law attorneys for help.

  • Child’s Best Interests Standard Governs Grandparent Rights: Assume that a child’s grandparent has the legal ability to file or request visitation rights in Minnesota. Will they succeed? It depends on the circumstances. All custody and visitation matters in Minnesota are handled on a case-by-case basis. The best interests of the child standard holds. To obtain visitation rights for a grandkid, a grandparent must submit a well-articulated, persuasive petition demonstrating that awarding them legal visitation of a grandchild is truly within the best interests of the kid.

We Take On All Types of Grandparent Family Law Cases in Rochester, MN

One-size-fits-all solutions are not good enough in grandparents’ rights cases, especially if you seek custody of the child or children. We understand that all types of family law issues are unique. A personalized, detail-driven legal approach is an absolute must in any case. At Kohlmeyer Hagen Law Office, our Rochester family lawyers have the professional and legal expertise to take on the full spectrum of grandparents’ rights issues in Olmsted County and throughout all of Southern Minnesota. Along with other matters, our Rochester family lawyers assist clients with:

  • Unfit Parent Claims: If one or both of a child’s legal parents are deemed unfit, a child could be at risk. A grandparent could be the person who is in the best position to step up and protect the child. Our Rochester family lawyers can advise you on how to handle an unfit parent case.
  • Legally Protected Visitation Time for Grandparents: As noted previously, there are circumstances in which a grandparent may be entitled to legally protected (guaranteed) visitation time in Rochester. Our Rochester, MN grandparent rights lawyers can help
  • Grandparent Custody Cases: Are you a grandparent in Rochester, Olmsted County, or elsewhere in Southern Minnesota who is considering seeking legal custody of a grandchild? You need skilled legal representation. Contact our Rochester grandparents’ rights attorney for immediate assistance with your case.

Collaborative Solutions Often Work Best for Grandparents’ Rights Matters

In many situations involving grandparents’ rights, pursuing collaborative solutions can lead to the most favorable outcomes for all parties involved. Open communication and cooperation between grandparents and the child’s parents can help resolve disputes in a way that fosters a nurturing and supportive environment for the child. By engaging in mediation or other alternative dispute resolution methods, grandparents and parents can work together to develop an agreeable visitation schedule/arrangement that prioritizes the child’s best interests. Our Rochester family law attorneys have extensive experience helping clients work towards amicable resolutions in grandparents’ rights cases. At the same time, we are trial-tested. We are always ready to take legal action.

How Our Rochester Family Lawyers Can Help With a Grandparents’ Rights Case

A child’s relationship with the grandparents matters. In some cases, grandparents may need to take legal action to establish and assert their rights under Minnesota state law. At Kohlmeyer Hagen, Law Office Chtd., we help clients navigate these types of complex, highly sensitive cases. Among other things, our Rochester grandparents’ rights attorneys are prepared to:

  • Hear your story, answer questions, and help you determine what comes next
  • Investigate the matter, gathering all relevant evidence and information
  • Represent you in mediation or any other types of family law negotiation; and
  • Take action to help you establish and protect your rights as a grandparent.

Contact Our Rochester Grandparents’ Rights Attorney Today

At Kohlmeyer Hagen, Law Office Chtd., our Rochester grandparents’ rights attorney is standing by, ready to help. If you have any questions or concerns about a grandparent rights case, we are here as a legal and professional resource. Give us a call at 507-625-5000 or send us a message to set up your strictly private, no obligation initial legal consultation. With an office in Rochester, we are well-positioned to handle grandparents’ rights cases across the Southern part of Minnesota.

Frequently Asked Questions

About Grandparent Rights in Rochester, MN

What Should I Do If I Am Being Denied Access to My Grandchildren in Rochester?

You may have legal options to get guaranteed access to your grandchild (visitation rights). That being said, these are case-by-case matters. If you’re being denied access to your grandchildren in Rochester, consider talking to the parents first to address any concerns and seek a resolution. If this does not work, consult a Rochester grandparent rights attorney as soon as possible. Your lawyer can review the situation and help you take the appropriate legal action. 

What Factors Will a Court Consider in a Minnesota Grandparent Visitation Case?

In a Rochester, MN grandparent visitation case, the court will consider factors such as the child’s best interests, the relationship between the grandparent and the child, the child’s preferences (if mature enough), the parents’ wishes, and any potential harm the visitation may cause. The court will aim to balance the parents’ rights with the grandparents’ interests while prioritizing the child’s well-being. It is important for grandparents (and parents) to remember that parental rights are far stronger than grandparent rights in Minnesota. 

Why are Amicable Solutions Considered Best in Grandparent Rights Cases?

When possible, it is best to spare young children from conflict—especially family conflict. Amicable solutions are considered best in grandparent rights cases because they often lead to better long-term relationships among all parties involved. Negotiation, mediation, or other collaborative approaches can help preserve the bond between grandparents, parents, and grandchildren. That being said, grandparents may need to take legal action to protect their rights and their grandkids. 

Can a Grandparent’s Visitation Rights be Modified or Terminated by a Court in Minnesota?

Yes, a Minnesota court can modify or terminate a grandparent’s visitation rights if circumstances change and it is in the best interests of the child. For instance, if the court determines that the grandparent’s relationship with the child has become harmful or if the parents’ circumstances have changed, the court may modify or terminate the visitation order. If you have any questions about the modification of grandparent visitation rights, contact our Rochester family lawyers today.  

What Does a Grandparent Need to Do to Formally Adopt a Child in Minnesota?

In some cases, the best option may be for a child’s grandparent to become their legal “parent” or legal guardian. To formally adopt a grandchild in Minnesota, a grandparent must follow the state’s adoption process. As a general rule this involves terminating the biological parents’ rights, filing an adoption petition, undergoing a home study, and attending a court hearing. These are highly complex cases. Consult with a Rochester, MN grandparent rights lawyer right away. 

Do Step-Grandparents Have Any Custody or Visitation Rights in Minnesota?

No. In Minnesota, step-grandparents generally do not have statutory custody or visitation rights. However, courts have discretion to consider the child’s best interests in custody and visitation cases. If a step-grandparent can demonstrate a strong, meaningful relationship with the child and prove that visitation would be in the child’s best interests, there may be an option available.

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Contact us as soon as possible. The sooner you call us and get us on the case, the more time we wil have to prepare your defense. Even if you are not sure you want to hire us, call us and talk with one of our child custody attorneys. We offer a complimentary, no-obligation consultation. Talk to us and see what we can do for you.