| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to family law; modifying grandparent visitation rights; amending Minnesota |
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| 3 | 3 | | 1.3 Statutes 2024, section 257C.08, subdivisions 1, 2, 3; repealing Minnesota Statutes |
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| 4 | 4 | | 1.4 2024, section 257C.08, subdivision 7. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 257C.08, subdivision 1, is amended to read: |
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| 7 | 7 | | 1.7 Subdivision 1.If parent is deceased.If a parent of an unmarried minor child is deceased, |
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| 8 | 8 | | 1.8the parents and grandparents of the deceased parent may be granted reasonable visitation |
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| 9 | 9 | | 1.9rights to the unmarried minor child during minority by the district court upon finding that |
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| 10 | 10 | | 1.10visitation rights would be in the best interests of the child and would not interfere with the |
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| 11 | 11 | | 1.11parent child relationship. The court shall consider the amount of personal contact between |
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| 12 | 12 | | 1.12the parents or grandparents of the deceased parent and the child prior to the application. |
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| 13 | 13 | | 1.13 Sec. 2. Minnesota Statutes 2024, section 257C.08, subdivision 2, is amended to read: |
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| 14 | 14 | | 1.14 Subd. 2.Family court proceedings.(a) In all proceedings for dissolution, custody, legal |
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| 15 | 15 | | 1.15separation, annulment, or parentage, after the commencement of the proceeding, or at any |
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| 16 | 16 | | 1.16time after completion of the proceedings, and continuing during the minority of the child, |
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| 17 | 17 | | 1.17the court may, upon the request of the parent or grandparent of a party, grant reasonable |
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| 18 | 18 | | 1.18visitation rights to the unmarried minor child, after dissolution of marriage, legal separation, |
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| 19 | 19 | | 1.19annulment, or determination of parentage during minority if it finds that: (1) visitation rights |
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| 20 | 20 | | 1.20would be in the best interests of the child; and (2) such visitation would not interfere with |
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| 21 | 21 | | 1.21the parent-child relationship. The court shall consider the amount of personal contact between |
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| 22 | 22 | | 1.22the parents or grandparents of the party and the child prior to the application. |
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| 23 | 23 | | 1Sec. 2. |
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| 24 | 24 | | 25-01380 as introduced12/16/24 REVISOR DTT/KR |
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| 25 | 25 | | SENATE |
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| 26 | 26 | | STATE OF MINNESOTA |
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| 27 | 27 | | S.F. No. 18NINETY-FOURTH SESSION |
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| 28 | 28 | | (SENATE AUTHORS: GRUENHAGEN) |
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| 29 | 29 | | OFFICIAL STATUSD-PGDATE |
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| 30 | 30 | | Introduction and first reading01/16/2025 |
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| 31 | 31 | | Referred to Judiciary and Public Safety 2.1 (b) If a motion for grandparent visitation has been heard and denied, unless agreed to |
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| 32 | 32 | | 2.2in writing by the parties, no subsequent motion may be filed within six months after |
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| 33 | 33 | | 2.3disposition of a prior motion on its merits. |
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| 34 | 34 | | 2.4 Sec. 3. Minnesota Statutes 2024, section 257C.08, subdivision 3, is amended to read: |
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| 35 | 35 | | 2.5 Subd. 3.If child has resided an established relationship with grandparents |
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| 36 | 36 | | 2.6grandparent or great-grandparent.If an unmarried minor has resided with grandparents |
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| 37 | 37 | | 2.7or great-grandparents for a period of 12 months or more, and is subsequently removed from |
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| 38 | 38 | | 2.8the home by the minor's parents an established relationship with a grandparent or |
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| 39 | 39 | | 2.9great-grandparent, the grandparents grandparent or great-grandparents great-grandparent |
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| 40 | 40 | | 2.10may petition the district court for an order granting them the grandparent or great-grandparent |
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| 41 | 41 | | 2.11reasonable visitation rights to the child during minority. The court shall grant the petition |
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| 42 | 42 | | 2.12if it finds that visitation rights would be in the best interests of the child and would not |
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| 43 | 43 | | 2.13interfere with the parent and child relationship. The court must consider the amount of |
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| 44 | 44 | | 2.14personal contact that occurred between the petitioning party and the child prior to the filing |
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| 45 | 45 | | 2.15of the petition. |
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| 46 | 46 | | 2.16 Sec. 4. REPEALER. |
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| 47 | 47 | | 2.17 Minnesota Statutes 2024, section 257C.08, subdivision 7, is repealed. |
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| 48 | 48 | | 2Sec. 4. |
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| 49 | 49 | | 25-01380 as introduced12/16/24 REVISOR DTT/KR 257C.08 RIGHTS OF VISITATION TO UNMARRIED PERSONS. |
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| 50 | 50 | | Subd. 7.Establishment of interference with parent and child relationship.The court may |
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| 51 | 51 | | not deny visitation rights under this section based on allegations that the visitation rights would |
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| 52 | 52 | | interfere with the relationship between the custodial parent and the child unless after a hearing the |
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| 53 | 53 | | court determines by a preponderance of the evidence that interference would occur. |
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| 54 | 54 | | 1R |
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| 55 | 55 | | APPENDIX |
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| 56 | 56 | | Repealed Minnesota Statutes: 25-01380 |
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