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FamilyAttorney, Lawyer
Category: Family Law
Satisfied Customers: 1352
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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My X-daughter in law is trying to keep me away from my

Customer Question

My X-daughter in law is trying to keep me away from my grandchildren. In the first 14 months of my grandsons life myself and my son were the primary caregivers for said child. After my granddaughter was born, I gave at a min. Of 500 per month for the care of my grandchildren.
I'm wondering if there may be some how that I can stay a active part in my grandchildren lives. I am a medically retired correctional officer, as well as a recent cancer survivor. I'm not guarenteed to remain cancer free. I would so enjoy spending time with the grandkids, which I am being denied at this time as my son shared custody and has physical custody of my grandson whom I can see when ever I wish. I am being denied contact with my granddaughter. Is there any way I can get a semi weekly visit with her or a set day if the week or month to where I may spend what could be my last days with the ines I've helped support since birth.
Submitted: 9 months ago.
Category: Family Law
Expert:  FamilyAttorney replied 9 months ago.

Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law, appeals, landlord-tenant, etc. I look forward to helping you today.

Please note:This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed.

Also – I will be typing my answer for you so I’ll be back in a few minutes.

Can you please tell me how old the granddaughter is and how much time you spent taking care of her? Thanks!

Expert:  FamilyAttorney replied 9 months ago.

Fortunately Minnesota has a statutory scheme to allow grandparents to obtain their own court-ordered parenting time in the following situations:

  1. Their own child and parent of their grandchildren is dead; [1]
  2. The grandchild has lived with the grandparents for 12 months or more; [2] OR
  3. The grandchildren’s parents are or in the past have been involved in dissolution, child custody, legal separation, annulment or parentage proceedings involving said grandchildren. [3]

In this last instance, there is no residency requirement. Rather, the grandparents must merely show that grandparent visitation rights would be in the best interests of the children, and would not interfere with the grandchildren’s relationship with their parents.

Obviously the most important consideration here will be the extent and quality of the grandparents relationship with the grandchildren. The more extensive and positive the contact, the more likely it is that grandparent visitation will be awarded.

Expert:  FamilyAttorney replied 9 months ago.

Since there was some kind of separation or divorce here, you can apply to the court for grandparent visitation. You may want to have an attorney do this for you because grandparent visitation isn't always granted, but it is granted in the right cases. You have to prove to the court that it is in the best interest of the child for the child to see you and to be with you, that it is in her best interest for her to be with you and spend time with you and she must miss you already, which is not fair to the child.

Let me know if you need any additional information, but yes, this is a court proceeding. Unless you can get the mother to agree, you would have to take her to court to get grandparent visitation rights.

Let me know if you need names of lawyers in your area.

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Expert:  FamilyAttorney replied 9 months ago.

Please let me know if I can do anything else to help you. I'm more than happy to do so.

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