1.1 A bill for an act
1.2 relating to family law; modifying visitation rights to an unmarried minor child;
1.3 amending Minnesota Statutes 2022, section 257C.08, by adding a subdivision;
1.4 repealing Minnesota Statutes 2022, section 257C.08, subdivisions 3, 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2022, section 257C.08, is amended by adding a subdivision
1.7to read:
1.8 Subd. 3a.Parent-like relationships.(a) Upon petition by a grandparent,
1.9great-grandparent, stepparent, or any person who has maintained a relationship similar to
1.10a parental relationship with an unmarried minor child, the court may grant reasonable
1.11visitation rights to that grandparent, great-grandparent, stepparent, or other person if:
1.12 (1) the child's parents are provided with notice of the hearing;
1.13 (2) the court determines that visitation with the petitioner is in the best interests of the
1.14unmarried minor child; and
1.15 (3) the court determines that visitation with the petitioner would not interfere with the
1.16parent-child relationship.
1.17 (b) In determining if a parental relationship exists between the petitioner and an unmarried
1.18minor child, the court must consider all relevant factors including:
1.19 (1) whether the petitioner has had significant personal contact with the unmarried minor
1.20child;
1.21 (2) whether either parent of the child has taken steps to consent to, recognize, or support
1.22the parent-like relationship between the petitioner and the unmarried minor child; or
1Section 1.
23-01953 as introduced01/06/23 REVISOR BD/LN
SENATE
STATE OF MINNESOTA
S.F. No. 593NINETY-THIRD SESSION
(SENATE AUTHORS: HOUSLEY)
OFFICIAL STATUSD-PGDATE
Introduction and first reading01/23/2023
Referred to Judiciary and Public Safety 2.1 (3) whether the petitioner has contributed to the best interests of the unmarried minor
2.2child by providing significant child care or financial resources to meet the unmarried minor
2.3child's basic needs.
2.4 EFFECTIVE DATE.This section is effective the day following final enactment.
2.5 Sec. 2. REPEALER.
2.6 Minnesota Statutes 2022, section 257C.08, subdivisions 3 and 4, are repealed.
2.7 EFFECTIVE DATE.This section is effective the day following final enactment.
2Sec. 2.
23-01953 as introduced01/06/23 REVISOR BD/LN 257C.08 RIGHTS OF VISITATION TO UNMARRIED PERSONS.
Subd. 3.If child has resided with grandparents.If an unmarried minor has resided with
grandparents or great-grandparents for a period of 12 months or more, and is subsequently removed
from the home by the minor's parents, the grandparents or great-grandparents may petition the
district court for an order granting them reasonable visitation rights to the child during minority.
The court shall grant the petition if it finds that visitation rights would be in the best interests of the
child and would not interfere with the parent and child relationship.
Subd. 4.If child has resided with other person.If an unmarried minor has resided in a
household with a person, other than a foster parent, for two years or more and no longer resides
with the person, the person may petition the district court for an order granting the person reasonable
visitation rights to the child during the child's minority. The court shall grant the petition if it finds
that:
(1) visitation rights would be in the best interests of the child;
(2) the petitioner and child had established emotional ties creating a parent and child relationship;
and
(3) visitation rights would not interfere with the relationship between the custodial parent and
the child.
The court shall consider the reasonable preference of the child, if the court considers the child
to be of sufficient age to express a preference.
1R
APPENDIX
Repealed Minnesota Statutes: 23-01953