Relationships between grandparents and grandchildren are often full of warmth, shared traditions, and lasting memories. However, every family experiences significant changes at some point. This could be a parent’s passing, divorce, or shifting living arrangements which may require leaning on support systems more than expected. Minnesota law recognizes that grandparents can play an important role in children’s lives, even if those bonds aren’t always automatic.

When Grandparents Can Request Visitation

In Minnesota, grandparents don’t have an unconditional right to visitation with their grandchildren. Instead, the law outlines specific circumstances when grandparents can ask a court to formalize visitation time.

1. If a Grandparent’s Child Has Passed Away

The loss of a parent is devastating for any child. Grandparents, as part of the family’s emotional foundation, often step in to provide connection and support. Minnesota law allows grandparents to request visitation in this situation, particularly if it helps maintain family ties to the deceased parent. However, the court must determine that visitation serves the child’s best interests and doesn’t disrupt the family’s stability.

2. If a Grandchild Lived with Grandparents for 12 Months

When a grandchild lives with grandparents for at least a year, the relationship goes beyond casual visits. Grandparents may have taken on caregiving responsibilities, provided emotional support, or created a sense of security. In these cases, Minnesota courts recognize that ongoing contact could be important for the child’s well-being. If a strong bond exists, grandparents can request a formal visitation arrangement to ensure that connection continues.

3. If Legal Proceedings Involve the Grandchild’s Parents

Certain legal situations—like divorce, custody disputes, or legal separations—can create uncertainty for a family. Grandparents may step in to offer stability for children during these challenging transitions. Even formal legal events, such as a Recognition of Parentage (ROP), can provide grounds for a grandparent to seek visitation if it hasn’t been revoked.

What Does “Best Interests of the Child” Mean?

At the heart of every grandparent visitation case is a single question: What serves the child’s best interests? Courts evaluate this from multiple angles, often considering:

• The emotional and developmental needs of the child
• The quality of the existing relationship between the grandparent and grandchild
• Whether visits would create tension or conflict with the parents

For example, if the court believes that granting visitation might harm the parent-child relationship or cause significant family discord, it may limit or deny the request. The goal is to protect the child’s well-being while respecting parental authority.

Limits After Adoption

Adoption introduces another important consideration. When a child is adopted by someone other than a stepparent or grandparent, biological grandparents generally lose their ability to seek visitation rights. Adoption creates a new legal parent-child relationship, effectively severing ties to the child’s birth family unless the adoption agreement specifically allows ongoing contact.

Maintaining Strong Relationships Outside the Courtroom

Legal action should always be a last resort. While Minnesota law provides avenues for grandparents to seek visitation, most families benefit more from open, honest communication. Staying involved in a grandchild’s life doesn’t always require a court order—it can be as simple as regular visits, phone calls, video chats, or shared activities.

Family bonds are precious, and the role grandparents play can’t be overstated. Whether you’re trying to maintain a connection after a family loss or seeking clarity during a difficult legal situation, having the right support matters. At Melchert Hubert Sjodin, PLLP, our team is here to help you understand your rights and take the next steps. Contact us at (952) 442-7700 to learn more.