HF 806

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to family law; providing for grandparent 
  1.3             visitation rights on behalf of the child; expanding 
  1.4             grandparent visitation rights; specifying procedures; 
  1.5             requiring mediation; amending Minnesota Statutes 2000, 
  1.6             section 257.022, subdivision 1, and by adding a 
  1.7             subdivision; repealing Minnesota Statutes 2000, 
  1.8             section 257.022, subdivisions 2 and 2a. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 257.022, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [WHEN PARENT IS DECEASED GRANDPARENT 
  1.13  VISITATION.] If a parent of an unmarried minor child is 
  1.14  deceased, the parents and grandparents of the deceased parent 
  1.15  may be granted Upon request of a grandparent or 
  1.16  great-grandparent of an unmarried minor child, the district 
  1.17  court may grant reasonable visitation rights to the unmarried 
  1.18  minor on behalf of the child during minority by the district 
  1.19  court and the grandparent or great-grandparent upon finding that 
  1.20  visitation rights would be in the best interests of the child 
  1.21  and would not interfere with the parent and child relationship.  
  1.22  The court shall consider the amount of personal contact between 
  1.23  the parents or grandparents of the deceased parent or 
  1.24  great-grandparents and the child prior to the application. 
  1.25     Sec. 2.  Minnesota Statutes 2000, section 257.022, is 
  1.26  amended by adding a subdivision to read: 
  1.27     Subd. 3b.  [PROCEDURE; MEDIATION.] (a) A person may seek 
  2.1   visitation rights under this section: 
  2.2      (1) by filing a motion with the court in a proceeding where 
  2.3   custody or visitation of the child is at issue or has previously 
  2.4   been determined; or 
  2.5      (2) if no other proceeding exists, by filing a petition 
  2.6   with the district court in the county where the child is 
  2.7   permanently resident or where the child is found. 
  2.8      (b) If it appears on the face of a motion or petition 
  2.9   brought under this section that visitation is contested, the 
  2.10  court shall order the matter set for mediation under section 
  2.11  518.619. 
  2.12     Sec. 3.  [REPEALER.] 
  2.13     Minnesota Statutes 2000, section 257.022, subdivisions 2 
  2.14  and 2a, are repealed.