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HF 565

as introduced - 87th Legislature (2011 - 2012) Posted on 02/17/2011 10:25am

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to family law; providing for grandparent visitation rights on behalf of the
child; expanding grandparent visitation rights; specifying procedures; requiring
mediation; amending Minnesota Statutes 2010, sections 257C.08, subdivision 1,
by adding a subdivision; 518.1752; repealing Minnesota Statutes 2010, section
257C.08, subdivisions 2, 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 257C.08, subdivision 1, is amended to read:


Subdivision 1.

deleted text begin If parent is deceaseddeleted text end new text begin Grandparent visitationnew text end .

deleted text begin If a parent of an
unmarried minor child is deceased, the parents and grandparents of the deceased parent
may be granteddeleted text end new text begin Upon request of a grandparent or great-grandparent of an unmarried
minor child, the district court may grant new text end reasonable visitation rights deleted text begin to the unmarried
minordeleted text end new text begin on behalf of the new text end child deleted text begin during minority by the district courtdeleted text end new text begin and the grandparent
or great-grandparent new text end upon finding that visitation rights would be in the best interests
of the child and would not interfere with the parent new text begin and new text end child relationship. The court
shall consider the amount of personal contact between the deleted text begin parents ordeleted text end grandparents deleted text begin of the
deceased parentdeleted text end new text begin or great-grandparents new text end and the child prior to the application.

Sec. 2.

Minnesota Statutes 2010, section 257C.08, is amended by adding a subdivision
to read:


new text begin Subd. 4a. new text end

new text begin Procedure; mediation. new text end

new text begin (a) A person may seek visitation rights under
this section:
 new text end

new text begin (1) by filing a motion with the court in a proceeding where custody or visitation of
the child is at issue or has previously been determined; or
 new text end

new text begin (2) if no other proceeding exists, by filing a petition with the district court in the
county where the child is permanently resident or where the child is found.
 new text end

new text begin (b) If it appears on the face of a motion or petition brought under this section that
the visitation is contested, the court shall order the matter set for mediation under section
518.619.
 new text end

Sec. 3.

Minnesota Statutes 2010, section 518.1752, is amended to read:


518.1752 GRANDPARENT VISITATION.

In all proceedings for dissolution or legal separation, after the commencement
of the proceeding or at any time after completion of the proceedings, and continuing
during the minority of the child, the court may make an order granting visitation rights to
grandparents under section 257C.08deleted text begin , subdivision 2deleted text end .

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 257C.08, subdivisions 2 and 3, new text end new text begin are repealed.
 new text end