HF 4148

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/22/2024 02:55pm

A bill for an act
relating to family law; modifying visitation rights to an unmarried minor child;
amending Minnesota Statutes 2022, section 257C.08, subdivisions 1, 3.

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

Section 1.

Minnesota Statutes 2022, section 257C.08, subdivision 1, is amended to read:

Subdivision 1.

If parent is deceased.

If a parent of an unmarried minor child is deceased,
the parents and grandparents of the deceased parent may be granted reasonable visitation
rights to the unmarried minor child during minority by the district court upon finding that
visitation rights would be in the best interests of the child and would not interfere with the
parent child relationship new text begin or, in the alternative, that the child's present environment may
endanger the child's physical or emotional health such that an award of visitation would be
in the child's best interests new text end . The court shall consider the amount of personal contact between
the parents or grandparents of the deceased parent and the child prior to the application.

Sec. 2.

Minnesota Statutes 2022, section 257C.08, subdivision 3, is amended to read:

Subd. 3.

If child has deleted text begin resided deleted text end new text begin a substantial established relationship new text end with
grandparents.

new text begin (a) new text end If an unmarried minor has deleted text begin resided with grandparents or great-grandparents
for a period of 12 months or more, and is subsequently removed from the home by the
minor's parents, deleted text end new text begin a substantial established relationship with grandparents or great-grandparents, new text end
the grandparents or great-grandparents may petition the district court for an order granting
them reasonable visitation rights to the child during minority. The court shall grant the
petition if it finds that new text begin :
new text end

new text begin (1) the parents were provided with notice of the hearing;
new text end

new text begin (2) granting the grandparents or great-grandparents new text end visitation rights would be in the best
interests of the child new text begin ; new text end and

new text begin (3) based on clear and convincing evidence, visitation with the grandparents or
great-grandparents new text end would not interfere with the parent and child relationship new text begin or, in the
alternative, the child's present environment may endanger the child's physical or emotional
health such that an award of visitation would be in the child's best interests new text end .

new text begin (b) In determining if a substantial established relationship exists between the petitioner
and unmarried minor child, the court shall consider all relevant factors, including:
new text end

new text begin (1) whether the petitioner has had significant personal contact with the minor child; and
new text end

new text begin (2) whether a parent or legal guardian of the child has taken steps to consent to, recognize,
or support the relationship and contact between the petitioning party and the minor child.
new text end

new text begin (c) In determining the best interests of the minor child, the court shall consider all relevant
factors, including the benefit to the child in maintaining important and meaningful
connections and relationships that the child has developed with the child's grandparents or
great-grandparents.
new text end