1997 Minnesota Statutes

     518.156 Commencement of custody proceeding. 

    Subdivision 1.  In a court of this state which has 
 jurisdiction to decide child custody matters, a child custody 
 proceeding is commenced: 

    (a) by a parent 

    (1) by filing a petition for dissolution or legal 
 separation; or 

    (2) where a decree of dissolution or legal separation has 
 been entered or where none is sought, or when paternity has been 
 recognized under section 257.75, by filing a petition or motion 
 seeking custody or visitation of the child in the county where 
 the child is permanently resident or where the child is found or 
 where an earlier order for custody of the child has been 
 entered; or 

    (b) by a person other than a parent, where a decree of 
 dissolution or legal separation has been entered or where none 
 is sought by filing a petition or motion seeking custody or 
 visitation of the child in the county where the child is 
 permanently resident or where the child is found or where an 
 earlier order for custody of the child has been entered.  A 
 person seeking visitation pursuant to this paragraph must 
 qualify under one of the provisions of section 257.022.  

    Subd. 2.  Written notice of a child custody or visitation 
 proceeding shall be given to the child's parent, guardian and 
 custodian, who may appear and be heard and may file a responsive 
 pleading.  The court may, upon a showing of good cause, permit 
 the intervention of other interested parties. 

    HIST: 1978 c 772 s 33; 1979 c 259 s 14; 1980 c 598 s 4; 1986 c 
 444; 1990 c 574 s 11; 1992 c 529 s 1; 1Sp1993 c 1 art 6 s 43