Minnesota Legislature
SF 277
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/03/2023 09:41am
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A bill for an act
relating to family law; modifying grandparent visitation rights; amending Minnesota
Statutes 2022, section 257C.08, subdivisions 1, 2, 3; repealing Minnesota Statutes
2022, section 257C.08, subdivision 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 257C.08, subdivision 1, is amended to read:
Subdivision 1.
If parent is deceased.
If a parent of an unmarried minor child is deceased,
the parents and grandparents of the deceased parent may be granted reasonable visitation
rights to the unmarried minor child during minority by the district court upon finding that
visitation rights would be in the best interests of the child deleted text begin and would not interfere with the
parent child relationshipdeleted text end . The court shall consider the amount of personal contact between
the parents or grandparents of the deceased parent and the child prior to the application.
Sec. 2.
Minnesota Statutes 2022, section 257C.08, subdivision 2, is amended to read:
Subd. 2.
Family court proceedings.
(a) In all proceedings for dissolution, custody, legal
separation, annulment, or parentage, after the commencement of the proceeding, or at any
time after completion of the proceedings, and continuing during the minority of the child,
the court may, upon the request of the parent or grandparent of a party, grant reasonable
visitation rights to the unmarried minor child, after dissolution of marriage, legal separation,
annulment, or determination of parentage during minority if it finds thatdeleted text begin : (1)deleted text end visitation rights
would be in the best interests of the childdeleted text begin ; and (2) such visitation would not interfere with
the parent-child relationshipdeleted text end . The court shall consider the amount of personal contact between
the parents or grandparents of the party and the child prior to the application.
(b) If a motion for grandparent visitation has been heard and denied, unless agreed to
in writing by the parties, no subsequent motion may be filed within six months after
disposition of a prior motion on its merits.
Sec. 3.
Minnesota Statutes 2022, section 257C.08, subdivision 3, is amended to read:
Subd. 3.
If child has deleted text begin resideddeleted text end new text begin an established relationship new text end with deleted text begin grandparentsdeleted text end new text begin
grandparent or great-grandparentnew text end .
If an unmarried minor has deleted text begin resided with grandparents
or great-grandparents for a period of 12 months or more, and is subsequently removed from
the home by the minor's parentsdeleted text end new text begin an established relationship with a grandparent or
great-grandparentnew text end , the deleted text begin grandparentsdeleted text end new text begin grandparentnew text end or deleted text begin great-grandparentsdeleted text end new text begin great-grandparentnew text end
may petition the district court for an order granting deleted text begin themdeleted text end new text begin the grandparent or great-grandparentnew text end
reasonable visitation rights to the child during minority. The court shall grant the petition
if it finds that visitation rights would be in the best interests of the child deleted text begin and would not
interfere with the parent and child relationshipdeleted text end .new text begin The court must consider the amount of
personal contact that occurred between the petitioning party and the child prior to the filing
of the petition.
new text end
Sec. 4. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 257C.08, subdivision 7,
new text end
new text begin
is repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: 23-01295
257C.08 RIGHTS OF VISITATION TO UNMARRIED PERSONS.
Subd. 7.
Establishment of interference with parent and child relationship.
The court may not deny visitation rights under this section based on allegations that the visitation rights would interfere with the relationship between the custodial parent and the child unless after a hearing the court determines by a preponderance of the evidence that interference would occur.