1.1 A bill for an act
1.2 relating to family law; modifying grandparent visitation rights; amending Minnesota
1.3 Statutes 2022, section 257C.08, subdivisions 1, 2, 3; repealing Minnesota Statutes
1.4 2022, section 257C.08, subdivision 7.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2022, section 257C.08, subdivision 1, is amended to read:
1.7 Subdivision 1.If parent is deceased.If a parent of an unmarried minor child is deceased,
1.8the parents and grandparents of the deceased parent may be granted reasonable visitation
1.9rights to the unmarried minor child during minority by the district court upon finding that
1.10visitation rights would be in the best interests of the child and would not interfere with the
1.11parent child relationship. The court shall consider the amount of personal contact between
1.12the parents or grandparents of the deceased parent and the child prior to the application.
1.13 Sec. 2. Minnesota Statutes 2022, section 257C.08, subdivision 2, is amended to read:
1.14 Subd. 2.Family court proceedings.(a) In all proceedings for dissolution, custody, legal
1.15separation, annulment, or parentage, after the commencement of the proceeding, or at any
1.16time after completion of the proceedings, and continuing during the minority of the child,
1.17the court may, upon the request of the parent or grandparent of a party, grant reasonable
1.18visitation rights to the unmarried minor child, after dissolution of marriage, legal separation,
1.19annulment, or determination of parentage during minority if it finds that: (1) visitation rights
1.20would be in the best interests of the child; and (2) such visitation would not interfere with
1.21the parent-child relationship. The court shall consider the amount of personal contact between
1.22the parents or grandparents of the party and the child prior to the application.
1Sec. 2.
23-01295 as introduced12/28/22 REVISOR BD/AD
SENATE
STATE OF MINNESOTA
S.F. No. 277NINETY-THIRD SESSION
(SENATE AUTHORS: GRUENHAGEN and Anderson)
OFFICIAL STATUSD-PGDATE
Introduction and first reading01/12/2023
Referred to Judiciary and Public Safety 2.1 (b) If a motion for grandparent visitation has been heard and denied, unless agreed to
2.2in writing by the parties, no subsequent motion may be filed within six months after
2.3disposition of a prior motion on its merits.
2.4 Sec. 3. Minnesota Statutes 2022, section 257C.08, subdivision 3, is amended to read:
2.5 Subd. 3.If child has resided an established relationship with grandparents
2.6grandparent or great-grandparent.If an unmarried minor has resided with grandparents
2.7or great-grandparents for a period of 12 months or more, and is subsequently removed from
2.8the home by the minor's parents an established relationship with a grandparent or
2.9great-grandparent, the grandparents grandparent or great-grandparents great-grandparent
2.10may petition the district court for an order granting them the grandparent or great-grandparent
2.11reasonable visitation rights to the child during minority. The court shall grant the petition
2.12if it finds that visitation rights would be in the best interests of the child and would not
2.13interfere with the parent and child relationship. The court must consider the amount of
2.14personal contact that occurred between the petitioning party and the child prior to the filing
2.15of the petition.
2.16 Sec. 4. REPEALER.
2.17 Minnesota Statutes 2022, section 257C.08, subdivision 7, is repealed.
2Sec. 4.
23-01295 as introduced12/28/22 REVISOR BD/AD 257C.08 RIGHTS OF VISITATION TO UNMARRIED PERSONS.
Subd. 7.Establishment of interference with parent and child relationship.The court may
not deny visitation rights under this section based on allegations that the visitation rights would
interfere with the relationship between the custodial parent and the child unless after a hearing the
court determines by a preponderance of the evidence that interference would occur.
1R
APPENDIX
Repealed Minnesota Statutes: 23-01295