Visitation rights may be petitioned for in Minnesota during or after proceedings dealing with divorce, separation, custody, annulment and paternity. Since a 2013 Minnesota Supreme Court case, Christianson v. Henke, the courts also count a Recognition of Parentage (ROP) as a court proceeding. The ROP is a document signed by unmarried parents who wish to document their relationship to the child.
When deciding visitation cases, the courts are instructed to consider two factors: the prior relationship between the grandparent and grandchild and the impact of visitation on the parent-child relationship. In the case of a child with a deceased parent, the parents and grandparents of the deceased parent can request visitation, with the same two factors to be considered.
In addition, a petition for visitation rights can be filed independently of one of the preceding actions if the grandchild has lived with the grandparent for at least a year and was removed from the grandparent's home by the parent.
Great-grandparents are expressly mentioned in two sections of the statutes, the ones dealing with a child with a deceased parent and the one dealing with children who have lived with a grandparent for a year or more.
In the state of Minnesota, adoption cuts off visitation rights unless the adopting party is a stepparent.
Go back to grandparents rights by state.