Bill Text: MN HF685 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Grandparent visitation governing provisions modified.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-02-24 - Introduction and first reading, referred to Civil Law [HF685 Detail]
Download: Minnesota-2011-HF685-Introduced.html
1.2relating to family law; modifying provisions governing grandparent visitation;
1.3amending Minnesota Statutes 2010, section 257C.08, subdivisions 2, 3; repealing
1.4Minnesota Statutes 2010, section 257C.08, subdivision 7.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 257C.08, subdivision 2, is amended to read:
1.7 Subd. 2. Family court proceedings. (a) In all proceedings for dissolution, custody,
1.8legal separation, annulment, or parentage, after the commencement of the proceeding, or
1.9at any time after completion of the proceedings, and continuing during the minority of the
1.10child, the court may, upon the request of the parent or grandparent of a party who does
1.11not have physical custody of the child, grant reasonable visitation rights to the unmarried
1.12minor child, after dissolution of marriage, legal separation, annulment, or determination
1.13of parentage during minority if it finds after a hearing that: (1) visitation rights would
1.14be in the best interests of the child; and (2) such visitation would not interfere with the
1.15parent-child relationship. The court shall consider the amount of personal contact between
1.16the parents or grandparents of the party and the child prior to the application and whether
1.17the parents or grandparents of the party have been unreasonably denied visitation with
1.18the child.
1.19(b) If a motion for grandparent visitation has been heard and denied, unless agreed
1.20to in writing by the parties, no subsequent motion may be filed within six months after
1.21disposition of a prior motion on its merits.
1.22 Sec. 2. Minnesota Statutes 2010, section 257C.08, subdivision 3, is amended to read:
2.1 Subd. 3. If child has resided with grandparents. If an unmarried minor has
2.2resided with grandparents or great-grandparents without a parent present for a period of 12
2.3consecutive months or more, and is subsequently removed from the home by the minor's
2.4parents, the grandparents or great-grandparents may petition the district court for an order
2.5granting them reasonable visitation rights to the child during minority. The court shall
2.6grant the petition if it finds that visitation rights would be in the best interests of the child
2.7and would not interfere with the parent and child relationship.
2.8 Sec. 3. REPEALER.
2.9Minnesota Statutes 2010, section 257C.08, subdivision 7, is repealed.
1.3amending Minnesota Statutes 2010, section 257C.08, subdivisions 2, 3; repealing
1.4Minnesota Statutes 2010, section 257C.08, subdivision 7.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 257C.08, subdivision 2, is amended to read:
1.7 Subd. 2. Family court proceedings. (a) In all proceedings for dissolution, custody,
1.8legal separation, annulment, or parentage, after the commencement of the proceeding, or
1.9at any time after completion of the proceedings, and continuing during the minority of the
1.10child, the court may, upon the request of the parent or grandparent of a party who does
1.11not have physical custody of the child, grant reasonable visitation rights to the unmarried
1.12minor child, after dissolution of marriage, legal separation, annulment, or determination
1.13of parentage during minority if it finds after a hearing that: (1) visitation rights would
1.14be in the best interests of the child; and (2) such visitation would not interfere with the
1.15parent-child relationship. The court shall consider the amount of personal contact between
1.16the parents or grandparents of the party and the child prior to the application and whether
1.17the parents or grandparents of the party have been unreasonably denied visitation with
1.18the child.
1.19(b) If a motion for grandparent visitation has been heard and denied, unless agreed
1.20to in writing by the parties, no subsequent motion may be filed within six months after
1.21disposition of a prior motion on its merits.
1.22 Sec. 2. Minnesota Statutes 2010, section 257C.08, subdivision 3, is amended to read:
2.1 Subd. 3. If child has resided with grandparents. If an unmarried minor has
2.2resided with grandparents or great-grandparents without a parent present for a period of 12
2.3consecutive months or more, and is subsequently removed from the home by the minor's
2.4parents, the grandparents or great-grandparents may petition the district court for an order
2.5granting them reasonable visitation rights to the child during minority. The court shall
2.6grant the petition if it finds that visitation rights would be in the best interests of the child
2.7and would not interfere with the parent and child relationship.
2.8 Sec. 3. REPEALER.
2.9Minnesota Statutes 2010, section 257C.08, subdivision 7, is repealed.
