HF 2845

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to family law; modifying provisions governing 
  1.3             grandparent visitation rights; eliminating certain 
  1.4             visitation rights of parents of custodial parents; 
  1.5             requiring mediation; providing for payment of certain 
  1.6             expenses; defining best interests of the child; 
  1.7             amending Minnesota Statutes 1996, section 257.022, 
  1.8             subdivisions 2, 2a, and by adding subdivisions. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 257.022, 
  1.11  subdivision 2, is amended to read: 
  1.12     Subd. 2.  [FAMILY COURT PROCEEDINGS.] In all proceedings 
  1.13  for dissolution, custody, legal separation, annulment, or 
  1.14  parentage, after the commencement of the proceeding, or at any 
  1.15  time after completion of the proceedings, and continuing during 
  1.16  the minority of the child, the court may, upon the request of 
  1.17  the parent or grandparent of a party noncustodial parent, grant 
  1.18  reasonable visitation rights to the unmarried minor child, after 
  1.19  dissolution of marriage, legal separation, annulment, or 
  1.20  determination of parentage during minority if it finds that 
  1.21  visitation rights would be in the best interests of the child 
  1.22  and would not interfere with the parent child relationship.  The 
  1.23  court shall consider the amount of personal contact between the 
  1.24  parents or grandparents of the party noncustodial parent and the 
  1.25  child prior to the application. 
  1.26     Sec. 2.  Minnesota Statutes 1996, section 257.022, 
  1.27  subdivision 2a, is amended to read: 
  2.1      Subd. 2a.  [WHEN CHILD HAS RESIDED WITH GRANDPARENTS.] If 
  2.2   an unmarried minor has resided with grandparents or 
  2.3   great-grandparents for a period of 12 months or more when 
  2.4   neither parent of the minor was living in the home, and the 
  2.5   minor is subsequently removed from the home by the minor's 
  2.6   parents, the grandparents or great-grandparents may petition the 
  2.7   district or county court for an order granting them reasonable 
  2.8   visitation rights to the child during minority.  The court shall 
  2.9   grant the petition if it finds that visitation rights would be 
  2.10  in the best interests of the child and would not interfere with 
  2.11  the parent and child relationship. 
  2.12     Sec. 3.  Minnesota Statutes 1996, section 257.022, is 
  2.13  amended by adding a subdivision to read: 
  2.14     Subd. 6.  [MEDIATION AND GUARDIAN AD LITEM; EXPENSES.] If 
  2.15  it appears on the face of a petition or motion under this 
  2.16  section that visitation is contested, the court shall order the 
  2.17  matter set for mediation under section 518.619.  The court may 
  2.18  appoint a guardian ad litem on behalf of the child.  The court 
  2.19  may require the party seeking visitation rights under this 
  2.20  section to pay the costs of mediation and guardian ad litem 
  2.21  services. 
  2.22     Sec. 4.  Minnesota Statutes 1996, section 257.022, is 
  2.23  amended by adding a subdivision to read: 
  2.24     Subd. 7.  [BEST INTERESTS OF THE CHILD.] In evaluating the 
  2.25  best interests of the child under this section, the court shall 
  2.26  consider: 
  2.27     (1) the amount and quality of the prior contact between the 
  2.28  child and the person seeking visitation rights; 
  2.29     (2) the existing emotional ties of the child to the person 
  2.30  seeking visitation rights; 
  2.31     (3) the reasonable preference of the child, if the court 
  2.32  deems the child to be of sufficient age to express a preference; 
  2.33  and 
  2.34     (4) whether the petition or motion under this section was 
  2.35  brought in good faith and not for the purpose of harassing or 
  2.36  intimidating a parent. 
  3.1      Sec. 5.  Minnesota Statutes 1996, section 257.022, is 
  3.2   amended by adding a subdivision to read: 
  3.3      Subd. 8.  [EXTENT OF VISITATION RIGHTS; EFFECT OF VIOLATION 
  3.4   OF PROTECTIVE ORDERS.] (a) To the extent practicable, a 
  3.5   visitation order under this section must be specific with 
  3.6   respect to the frequency and duration of visitation and other 
  3.7   conditions and terms of visitation, in order to minimize future 
  3.8   disputes between the parties.  In determining the scope of 
  3.9   visitation rights, the court shall consider the impact of other 
  3.10  visitation orders already in effect governing the child. 
  3.11     (b) Upon request of the custodial parent, the court shall 
  3.12  revoke visitation rights ordered under this section if the 
  3.13  person with the visitation rights has used those rights to allow 
  3.14  access to the child by another person in violation of an order 
  3.15  for protection or other restriction on access or visitation 
  3.16  rights.