SF 1979

1st Engrossment - 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 for grandparent 
  1.3             visitation rights; specifying criteria and procedures; 
  1.4             requiring alternative dispute resolution; amending 
  1.5             Minnesota Statutes 1996, section 257.022, subdivision 
  1.6             1, and by adding subdivisions; repealing Minnesota 
  1.7             Statutes 1996, section 257.022, subdivision 2a; 
  1.8             Minnesota Statutes 1997 Supplement, section 257.022, 
  1.9             subdivision 2. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1996, section 257.022, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [WHEN PARENT IS DECEASED GRANDPARENT 
  1.14  VISITATION.] If a parent of an unmarried minor child is 
  1.15  deceased, the parents and grandparents of the deceased parent 
  1.16  may be granted Upon request of a grandparent or 
  1.17  great-grandparent of an unmarried minor child, the district 
  1.18  court may grant the grandparent or great-grandparent reasonable 
  1.19  visitation rights to the unmarried minor child during minority 
  1.20  by the district or county court upon finding that visitation 
  1.21  rights would be in the best interests of the child and would not 
  1.22  interfere with the parent and child relationship.  The court 
  1.23  shall consider the amount of personal contact between the 
  1.24  parents or grandparents of the deceased parent and the child 
  1.25  prior to the application. 
  1.26     Sec. 2.  Minnesota Statutes 1996, section 257.022, is 
  1.27  amended by adding a subdivision to read: 
  2.1      Subd. 6.  [PROCEDURE; ALTERNATIVE DISPUTE RESOLUTION AND 
  2.2   GUARDIAN AD LITEM; EXPENSES.] (a) A person may seek visitation 
  2.3   rights under this section: 
  2.4      (1) by filing a motion with the court in a proceeding where 
  2.5   custody or visitation of the child is at issue or has previously 
  2.6   been determined; or 
  2.7      (2) if no other proceeding exists, by filing a petition 
  2.8   with the district court in the county where the child is 
  2.9   permanently resident or where the child is found. 
  2.10     (b) The court shall hold a preliminary hearing to determine 
  2.11  whether to allow a petition to proceed.  The court shall 
  2.12  determine whether the petition establishes a prima facie case 
  2.13  for visitation under this section.  In addition, the party 
  2.14  seeking visitation rights must make a prima facie showing that 
  2.15  the child will be harmed if visitation is not granted.  If the 
  2.16  proper showing is made, the matter shall proceed to alternative 
  2.17  dispute resolution and, if necessary, an evidentiary hearing. 
  2.18     (c) If the court determines that a petition may proceed, 
  2.19  the court shall refer the matter to appropriate alternative 
  2.20  dispute resolution.  The court may appoint a guardian ad litem 
  2.21  on behalf of the child.  The court shall require the party 
  2.22  seeking visitation rights under this section to pay the costs of 
  2.23  alternative dispute resolution and guardian ad litem services, 
  2.24  unless the court finds payment of the costs would impose an 
  2.25  undue hardship. 
  2.26     Sec. 3.  Minnesota Statutes 1996, section 257.022, is 
  2.27  amended by adding a subdivision to read: 
  2.28     Subd. 7.  [BEST INTERESTS OF THE CHILD.] In evaluating the 
  2.29  best interests of the child under this section, the court shall 
  2.30  consider: 
  2.31     (1) the amount and quality of the prior contact between the 
  2.32  child and the person seeking visitation rights; 
  2.33     (2) the existing emotional ties of the child to the person 
  2.34  seeking visitation rights; 
  2.35     (3) the reasonable preference of the child, if the court 
  2.36  deems the child to be of sufficient age to express a preference; 
  3.1      (4) whether there is a history of domestic abuse or child 
  3.2   abuse and neglect perpetrated by the person seeking visitation 
  3.3   rights; 
  3.4      (5) whether the petition or motion under this section was 
  3.5   brought in good faith and not for the purpose of harassing or 
  3.6   intimidating a parent; and 
  3.7      (6) other factors that are relevant to the best interests 
  3.8   of the child. 
  3.9      If the court finds that a person seeking visitation rights 
  3.10  has a history of chemical dependency, the court may not grant 
  3.11  visitation rights to the person unless the court finds by clear 
  3.12  and convincing evidence that the person is no longer chemically 
  3.13  dependent. 
  3.14     Sec. 4.  Minnesota Statutes 1996, section 257.022, is 
  3.15  amended by adding a subdivision to read: 
  3.16     Subd. 8.  [EXTENT OF VISITATION RIGHTS; EFFECT OF VIOLATION 
  3.17  OF PROTECTIVE ORDERS.] (a) To the extent practicable, a 
  3.18  visitation order under this section must be specific with 
  3.19  respect to the frequency and duration of visitation and other 
  3.20  conditions and terms of visitation, in order to minimize future 
  3.21  disputes between the parties.  In determining the scope of 
  3.22  visitation rights, the court shall consider the impact of other 
  3.23  visitation orders already in effect governing the child. 
  3.24     (b) Upon request of a parent, the court shall revoke 
  3.25  visitation rights ordered under this section if the person with 
  3.26  the visitation rights has used those rights to knowingly allow 
  3.27  access to the child by another person in violation of an order 
  3.28  for protection or other restriction on access or visitation 
  3.29  rights. 
  3.30     Sec. 5.  [REPEALER.] 
  3.31     Minnesota Statutes 1996, section 257.022, subdivision 2a; 
  3.32  and Minnesota Statutes 1997 Supplement, section 257.022, 
  3.33  subdivision 2, are repealed.