Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 50

as introduced - 92nd Legislature, 2021 1st Special Session (2021 - 2021) Posted on 06/21/2021 10:18am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12
1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 2.1 2.2 2.3
2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15
2.16 2.17

A bill for an act
relating to family law; amending grandparent visitation rights; amending Minnesota
Statutes 2020, section 257C.08, subdivisions 1, 2, 3; repealing Minnesota Statutes
2020, section 257C.08, subdivision 7.

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

Section 1.

Minnesota Statutes 2020, 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 deleted text beginand would not interfere with the
parent child relationship
deleted 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 2020, section 257C.08, subdivision 2, is amended to read:


Subd. 2.

Family court proceedings.

(a) In all proceedings for dissolution, custody, legal
separation, annulment, or parentage, 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, upon the request of the parent or grandparent of a party, grant reasonable
visitation rights to the unmarried minor child, after dissolution of marriage, legal separation,
annulment, or determination of parentage during minority if it finds thatdeleted text begin: (1)deleted text end visitation rights
would be in the best interests of the childdeleted text begin; and (2) such visitation would not interfere with
the parent-child relationship
deleted text end. The court shall consider the amount of personal contact between
the parents or grandparents of the party and the child prior to the application.

(b) If a motion for grandparent visitation has been heard and denied, unless agreed to
in writing by the parties, no subsequent motion may be filed within six months after
disposition of a prior motion on its merits.

Sec. 3.

Minnesota Statutes 2020, section 257C.08, subdivision 3, is amended to read:


Subd. 3.

If child has deleted text beginresideddeleted text end new text beginan established relationship new text endwith deleted text begingrandparentsdeleted text endnew text begin
grandparent or great-grandparent
new text end.

If an unmarried minor has deleted text beginresided 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 endnew text begin an established relationship with a grandparent or
great-grandparent
new text end, the deleted text begingrandparentsdeleted text endnew text begin grandparentnew text end or deleted text begingreat-grandparentsdeleted text endnew text begin great-grandparentnew text end
may petition the district court for an order granting deleted text beginthemdeleted text endnew text begin the grandparent or great-grandparentnew text end
reasonable visitation rights to the child during minority. The court shall grant the petition
if it finds that visitation rights would be in the best interests of the child deleted text beginand would not
interfere with the parent and child relationship
deleted text end.new text begin The court shall consider the amount of
personal contact between the parents or grandparents of the party and the child prior to the
application.
new text end

Sec. 4. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2020, section 257C.08, subdivision 7, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 21-04315

257C.08 RIGHTS OF VISITATION TO UNMARRIED PERSONS.

Subd. 7.

Establishment of interference with parent and child relationship.

The court may not deny visitation rights under this section based on allegations that the visitation rights would interfere with the relationship between the custodial parent and the child unless after a hearing the court determines by a preponderance of the evidence that interference would occur.