SF 595

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; providing a remedy for 
  1.3             interference with grandparent visitation rights; 
  1.4             amending Minnesota Statutes 1996, section 257.022, by 
  1.5             adding a subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 257.022, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 1a.  [GRANDPARENT VISITATION.] (a) If a parent 
  1.10  interferes with the relationship or potential relationship 
  1.11  between a child and the child's grandparent or 
  1.12  great-grandparent, the grandparent or great-grandparent may 
  1.13  petition the district court for an order granting reasonable 
  1.14  visitation rights during the child's minority.  A parent 
  1.15  affected by a petition may file an answer to it.  The court 
  1.16  shall grant visitation rights for purposes of implementing the 
  1.17  child's right to contact with the grandparent or 
  1.18  great-grandparent if the court finds that visitation would be in 
  1.19  the child's best interests and would not interfere with the 
  1.20  parent-child relationship. 
  1.21     (b) A grandparent who files a petition under this 
  1.22  subdivision shall pay a filing fee of $75.  Notwithstanding any 
  1.23  contrary provision of law regarding the disposition of any 
  1.24  filing fee, $60 of the filing fee must be applied to the cost of 
  1.25  the guardian ad litem program in the county.  The court may 
  2.1   appoint a guardian ad litem, if available, to make an 
  2.2   appropriate investigation and recommendations to the court under 
  2.3   this subdivision.  A guardian ad litem may participate as a 
  2.4   party in a prehearing conference or hearing under this 
  2.5   subdivision.  In addition to the filing fee required under this 
  2.6   subdivision, the court may require the petitioner or any other 
  2.7   party to pay an amount the court considers reasonable toward the 
  2.8   cost of guardian ad litem services, if used. 
  2.9      (c) Before hearing a petition under this subdivision, the 
  2.10  court shall conduct a prehearing conference at which it shall 
  2.11  determine whether a prima facie showing has been made of 
  2.12  interference with a relationship that would support a visitation 
  2.13  order under this subdivision.  If a prima facie showing is made, 
  2.14  the court shall attempt to mediate an agreement between the 
  2.15  parties.  The court shall determine and consider the wishes of a 
  2.16  child eight years of age or older, or otherwise of an age of 
  2.17  suitable comprehension, in regard to a petition filed under this 
  2.18  subdivision. 
  2.19     (d) Upon recommendation of a guardian ad litem or upon its 
  2.20  own motion a court may include in a visitation order under this 
  2.21  subdivision the terms or conditions for the visitation, 
  2.22  including, but not limited to, frequency, duration, location, 
  2.23  transportation, use of alcohol or tobacco, or supervision.