HF 290

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

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 2004,
section 257C.08, subdivision 1, by adding a
subdivision; repealing Minnesota Statutes 2004,
section 257C.08, subdivisions 2, 3.

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

Section 1.

Minnesota Statutes 2004, section 257C.08,
subdivision 1, is amended to read:

Subdivision 1.

deleted text begin if parent is deceased deleted text end new text begin grandparent
visitation new 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 granted deleted 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
minor deleted text end new text begin on behalf of the new text end child deleted text begin during minority by the district
court deleted 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 or deleted text end grandparents deleted text begin of the deceased parent deleted text end new text begin or
great-grandparents new text end and the child prior to the application.

Sec. 2.

Minnesota Statutes 2004, 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 visitation is contested, the
court shall order the matter set for mediation under section
518.619.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 257C.08, subdivisions 2
and 3, are repealed.
new text end