SF 3779

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/06/2024 04:24pm

A bill for an act
relating to family law; modifying visitation rights to a minor child; amending
Minnesota Statutes 2022, section 257C.08, subdivision 1, by adding subdivisions;
repealing Minnesota Statutes 2022, section 257C.08, subdivision 2.

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 deleted text begin an unmarried deleted text end new text begin a new text end minor child is
deceased, the parents and grandparents of the deceased parent may be granted reasonable
visitation rights to the deleted text begin unmarried deleted text end minor child during minority by the district court upon
finding that visitation rights would be in the best interests of the new text begin minor new text end child and would not
interfere with the deleted text begin parent child deleted text end new text begin parent-child new text end relationship new text begin or upon a finding that the minor
child's present environment may endanger the minor child's physical or emotional health
such that awarding visitation to the parents or grandparents of the deceased parent is in the
minor child's best interests new text end . The court shall consider the amount of personal contact between
the parents or grandparents of the deceased parent and the new text begin minor new text end child prior to the application.

Sec. 2.

Minnesota Statutes 2022, section 257C.08, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin If minor child has a substantial established relationship with grandparent
or great-grandparent. new text end

new text begin (a) If a minor child has a substantial established relationship with
a grandparent or great-grandparent, the grandparent or great-grandparent may petition the
district court for an order granting the grandparent or great-grandparent reasonable visitation
rights to the minor child during minority. The court shall grant the petition if:
new text end

new text begin (1) the parents received notice of the hearing;
new text end

new text begin (2) the court finds that visitation with the grandparent or great-grandparent is in the best
interests of the minor child; and
new text end

new text begin (3) the court finds by clear and convincing evidence that visitation with the grandparent
or great-grandparent would not interfere with the parent-child relationship or the court finds
that the minor child's present environment may endanger the minor child's physical or
emotional health such that awarding visitation to the grandparent or great-grandparent is in
the minor child's best interests.
new text end

new text begin (b) In determining if a substantial established relationship exists between the petitioner
and a minor child, the court shall consider all relevant factors, including:
new text end

new text begin (1) whether the petitioning party has had significant personal contact with the minor
child; and
new text end

new text begin (2) whether either a parent or a legal guardian of the minor child has taken steps to
consent to, recognize, or support the relationship and contact between the petitioning party
and the minor child.
new text end

new text begin (c) In determining the best interests of the minor child, the court shall consider all relevant
factors, including the benefit to the minor child in maintaining an important and meaningful
connection and relationship that the minor child has developed with the minor child's
grandparent or great-grandparent.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2022.
new text end

Sec. 3.

Minnesota Statutes 2022, section 257C.08, is amended by adding a subdivision to
read:

new text begin Subd. 3b. new text end

new text begin Effect of amendments. new text end

new text begin (a) Amendments made to this section by this act apply
to an action commenced on or after January 1, 2022, that:
new text end

new text begin (1) has been adjudicated; or
new text end

new text begin (2) has a temporary or permanent order issued.
new text end

new text begin (b) By motion to the court, any party may request reconsideration pursuant to the
amendments made by this act.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 257C.08, subdivision 2, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-06488

257C.08 RIGHTS OF VISITATION TO UNMARRIED PERSONS.

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 that: (1) visitation rights would be in the best interests of the child; and (2) such visitation would not interfere with the parent-child relationship. 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.