SF 4540

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/27/2022 08:55am

A bill for an act
relating to family law; modifying visitation rights to an unmarried minor child;
amending Minnesota Statutes 2020, section 257C.08, by adding a subdivision;
repealing Minnesota Statutes 2020, section 257C.08, subdivisions 3, 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 257C.08, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Parent-like relationships. new text end

new text begin (a) Upon petition by a grandparent,
great-grandparent, stepparent, or any person who has maintained a relationship similar to
a parental relationship with an unmarried minor child, the court may grant reasonable
visitation rights to that grandparent, great-grandparent, stepparent, or other person if:
new text end

new text begin (1) the parents are provided with notice of the hearing;
new text end

new text begin (2) the court determines that visitation with the petitioner is in the best interest of the
child; and
new text end

new text begin (3) the court determines that visitation with the petitioner would not interfere with the
parent-child relationship.
new text end

new text begin (b) In determining if a parental relationship exists between the petitioner and an unmarried
minor child, the court must 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;
new text end

new text begin (2) whether either parent of the child has taken steps to consent to, recognize, or support
the parent-like relationship between the petitioning party and the unmarried minor child;
or
new text end

new text begin (3) whether the petitioning party has contributed to the best interests of the parents and
the unmarried minor child by providing significant child care or financial resources to
provide basic essentials for the unmarried minor child.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 257C.08, subdivisions 3 and 4, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

APPENDIX

Repealed Minnesota Statutes: 22-07536

257C.08 RIGHTS OF VISITATION TO UNMARRIED PERSONS.

Subd. 3.

If child has resided with grandparents.

If an unmarried minor has 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 parents, the grandparents or great-grandparents may petition the district court for an order granting them 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 and would not interfere with the parent and child relationship.

Subd. 4.

If child has resided with other person.

If an unmarried minor has resided in a household with a person, other than a foster parent, for two years or more and no longer resides with the person, the person may petition the district court for an order granting the person reasonable visitation rights to the child during the child's minority. The court shall grant the petition if it finds that:

(1) visitation rights would be in the best interests of the child;

(2) the petitioner and child had established emotional ties creating a parent and child relationship; and

(3) visitation rights would not interfere with the relationship between the custodial parent and the child.

The court shall consider the reasonable preference of the child, if the court considers the child to be of sufficient age to express a preference.