Minnesota has common and statutory laws that allow grandparents the ability to seek visitation and even custody, both of which can be complicated partly because the State sees grandparent visitation as an extension of the parents’ rights. Furthermore, it can be difficult for a grandparent to seek visitation time if the child’s parents object. However, there may be circumstance that allow grandparents to gain visitation, even sometimes custody, due the circumstances of the case. These circumstances typically include:

• The grandparent’s child, which is the parent of the child in question, is deceased
• The grandparent has been the primary caretaker of the child for at least 12 months and they are now seeking custody.

The court will look at all factors, including what is in the best interest of the child.

Consulting with an experienced family law attorney with litigation experience will help you determine whether to pursue visitation or custody based on the circumstances and facts of your situation. Baker Vicchiollo Law has represented grandparents and the litigation experience necessary to address complex cases involving grandparents’ rights.