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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110506
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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As grandparents, we would like to have visitation rights to

Customer Question

As grandparents, we would like to have visitation rights to our granddaughter. The parents are now separated and seeking a divorce. Our daughter in law has the child and will now let us see her. We only live 10 miles apart.
Submitted: 5 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the law in MN, grandparents rights have become very difficult unless you get them through your son granting you time when he has bis visitation. The reason for this is that the US Supreme Court has held that the rights of the parents to make decisions for the child is a fundamental right (basic civil right) which shall not be disturbed or interfered with unless the parents are proven to be unfit by clear and convincing evidence. See: Troxel v. Granville, 530 U.S. 57 (2000).
So, in order for you to get visitation, you are going to have to get your son to fight for his own visitation and then intervene in his visitation petition and ask the court to allow you to see the child during his visitation times. Otherwise, there is no other legal means, thanks to the Supreme Court, for you to get those rights.

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