Minnesota 2023-2024 Regular Session

Minnesota Senate Bill SF277

Introduced
1/12/23  

Caption

Grandparents visitation rights modification

Impact

The impact of SF277 is significant in shaping how visitation rights for grandparents are handled within the state. By modifying the existing statutes, the bill aims to strengthen the rights of grandparents in situations where a parent's death has left them uncertain about their role in their grandchildren's lives. This change could also lead to an increase in petitions filed by grandparents seeking visitation, thereby prompting courts to revisit and potentially establish new precedents in child custody cases involving extended family members.

Summary

SF277 focuses on modifying grandparents' visitation rights under Minnesota family law. The bill proposes amendments to existing statutes, explicitly allowing the court to grant reasonable visitation rights to grandparents when a parent of an unmarried minor child is deceased, and ensuring that such rights do not interfere with the parent-child relationship. The proposed changes seek to clarify both the criteria under which visitation may be granted and the process for how these motions should be filed and adjudicated. Furthermore, the bill emphasizes the need for courts to consider past contact between the grandparents and the child as part of their decisions.

Contention

While there does not appear to be widespread opposition, any changes to family law often bring about discussions regarding the potential implications for the parent-child relationship. Critics argue that the law could lead to an overreach in grandparent visitation, potentially complicating already sensitive custody issues. Moreover, removing the previous stipulations that required a hard standard to be met before visitation could be denied raises concerns among some legislators that it may undermine parental authority in determining who has contact with their children.

Final_notes

An essential component of SF277 is the repeal of a prior statute that restricted how visitation rights could be denied based on the interaction between custodial parents and grandparents. This repeal reflects a shift towards granting more agency to grandparents in seeking to maintain a relationship with their grandchildren, which may resonate positively with many families while also necessitating careful judicial oversight in its implementation.

Companion Bills

MN HF422

Similar To Family law; grandparent visitation rights modified.

Similar Bills

MI HB4217

Family law: parenting time; grandparenting time; modify. Amends secs. 2, 7 & 7b of 1970 PA 91 (MCL 722.22 et seq.).

CO HB1026

Family Time For Grandparents

HI HB589

Relating To Child Visitation.

HI HB1913

Relating To Child Visitation.

IL SB1278

GRANDPARENTS AS CAREGIVERS

IL SB1642

IMDMA-VISITATION-NONPARENTS

IL SB1589

IMDMA-VISITATION-NONPARENTS

IL HB4452

IMDMA-GRANDPARENT VISITATION