Legal Question in Family Law in Minnesota
grandparent rights
My mother served me with papers on Sat. March 8th. wanting visitations with my children 4 overnights out of the month. I recieved sole physical custody of both kids over my ex on Jan. 9th. During the divorce process the judge removed my mother as the exchange person due to what she said was ''disturbing'' information about my mother. My mother does not agree with my lifestyle (lesbian) and calls me derogatory names infront of my kids, yells, and makes the environment not healthy or stable for my kids. I have tried to establish and maintain a relationship with her but when I tell her no about my kids she threatens me with taking my vehicle that she bought (in my name) or with taking me to court...now she has! I am planning a move to ATL in April and do not want this to interfere. I would like to know what power she really has over the parent and if she can stop me from relocating.
1 Answer from Attorneys
Re: grandparent rights
First, Minensota does have a statute that allows grandparent's to seek time with their grandchildren if there has been a divorce, legal separation, or paternity action commenced and/or completed so long as the child remains a minor.
A Court may grant the time with the grandparents 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.
Your proposed move to Atlanta in the future, would have no bearing on decision by the court presently. Moreover, under Minnesota law, you must have consent of the other parent or an order from the court in oreder to be able to relocate with the minor children out of state. As a result, it is not as simple as electing to move. A failure to follow the statute can result in a change in custody.
For a consultation call 612.240.8005 or visit divorceprofessionals.com
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