Bill Text: MN HF565 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Grandparent visitation rights provided and expanded, procedures specified, and mediation required.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2011-02-21 - Author added McElfatrick [HF565 Detail]
Download: Minnesota-2011-HF565-Introduced.html
1.2relating to family law; providing for grandparent visitation rights on behalf of the
1.3child; expanding grandparent visitation rights; specifying procedures; requiring
1.4mediation;amending Minnesota Statutes 2010, sections 257C.08, subdivision 1,
1.5by adding a subdivision; 518.1752; repealing Minnesota Statutes 2010, section
1.6257C.08, subdivisions 2, 3.
1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section257C.08 , subdivision 1, is amended to read:
1.9 Subdivision 1.If parent is deceased Grandparent visitation. If a parent of an
1.10unmarried minor child is deceased, the parents and grandparents of the deceased parent
1.11may be granted Upon request of a grandparent or great-grandparent of an unmarried
1.12minor child, the district court may grant reasonable visitation rightsto the unmarried
1.13minor on behalf of the child during minority by the district court and the grandparent
1.14or great-grandparent upon finding that visitation rights would be in the best interests
1.15of the child and would not interfere with the parent and child relationship. The court
1.16shall consider the amount of personal contact between theparents or grandparents of the
1.17deceased parent or great-grandparents and the child prior to the application.
1.18 Sec. 2. Minnesota Statutes 2010, section 257C.08, is amended by adding a subdivision
1.19to read:
1.20 Subd. 4a. Procedure; mediation. (a) A person may seek visitation rights under
1.21this section:
1.22(1) by filing a motion with the court in a proceeding where custody or visitation of
1.23the child is at issue or has previously been determined; or
2.1(2) if no other proceeding exists, by filing a petition with the district court in the
2.2county where the child is permanently resident or where the child is found.
2.3(b) If it appears on the face of a motion or petition brought under this section that
2.4the visitation is contested, the court shall order the matter set for mediation under section
2.5518.619.
2.6 Sec. 3. Minnesota Statutes 2010, section 518.1752, is amended to read:
2.7518.1752 GRANDPARENT VISITATION.
2.8In all proceedings for dissolution or legal separation, after the commencement
2.9of the proceeding or at any time after completion of the proceedings, and continuing
2.10during the minority of the child, the court may make an order granting visitation rights to
2.11grandparents under section257C.08, subdivision 2 .
2.12 Sec. 4. REPEALER.
2.13Minnesota Statutes 2010, section 257C.08, subdivisions 2 and 3, are repealed.
1.3child; expanding grandparent visitation rights; specifying procedures; requiring
1.4mediation;amending Minnesota Statutes 2010, sections 257C.08, subdivision 1,
1.5by adding a subdivision; 518.1752; repealing Minnesota Statutes 2010, section
1.6257C.08, subdivisions 2, 3.
1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section
1.9 Subdivision 1.
1.10
1.11
1.12minor child, the district court may grant reasonable visitation rights
1.13
1.14or great-grandparent upon finding that visitation rights would be in the best interests
1.15of the child and would not interfere with the parent and child relationship. The court
1.16shall consider the amount of personal contact between the
1.17
1.18 Sec. 2. Minnesota Statutes 2010, section 257C.08, is amended by adding a subdivision
1.19to read:
1.20 Subd. 4a. Procedure; mediation. (a) A person may seek visitation rights under
1.21this section:
1.22(1) by filing a motion with the court in a proceeding where custody or visitation of
1.23the child is at issue or has previously been determined; or
2.1(2) if no other proceeding exists, by filing a petition with the district court in the
2.2county where the child is permanently resident or where the child is found.
2.3(b) If it appears on the face of a motion or petition brought under this section that
2.4the visitation is contested, the court shall order the matter set for mediation under section
2.5518.619.
2.6 Sec. 3. Minnesota Statutes 2010, section 518.1752, is amended to read:
2.7518.1752 GRANDPARENT VISITATION.
2.8In all proceedings for dissolution or legal separation, after the commencement
2.9of the proceeding or at any time after completion of the proceedings, and continuing
2.10during the minority of the child, the court may make an order granting visitation rights to
2.11grandparents under section
2.12 Sec. 4. REPEALER.
2.13Minnesota Statutes 2010, section 257C.08, subdivisions 2 and 3, are repealed.
