Bill Text: MN SF45 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Grandparent visitation provisions modification
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-17 - Referred to Judiciary [SF45 Detail]
Download: Minnesota-2013-SF45-Introduced.html
1.2relating to family law; modifying provisions governing grandparent visitation;
1.3amending Minnesota Statutes 2012, section 257C.08, subdivisions 2, 3; repealing
1.4Minnesota Statutes 2012, section 257C.08, subdivision 7.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, 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 of
1.13parentage during minority if it finds after a hearing that: (1) visitation rights would be in the
1.14best interests of the child; and (2) such visitation would not interfere with the parent-child
1.15relationship. The court shall consider the amount of personal contact between the parents
1.16or grandparents of the party and the child prior to the application and whether the parents
1.17or grandparents of the party have been unreasonably denied visitation with the child.
1.18(b) If a motion for grandparent visitation has been heard and denied, unless agreed
1.19to in writing by the parties, no subsequent motion may be filed within six months after
1.20disposition of a prior motion on its merits.
1.21 Sec. 2. Minnesota Statutes 2012, section 257C.08, subdivision 3, is amended to read:
1.22 Subd. 3. If child has resided with grandparents. If an unmarried minor has
1.23resided with grandparents or great-grandparents without a parent present for a period of 12
2.1consecutive months or more, and is subsequently removed from the home by the minor's
2.2parents, the grandparents or great-grandparents may petition the district court for an order
2.3granting them reasonable visitation rights to the child during minority. The court shall
2.4grant the petition if it finds that visitation rights would be in the best interests of the child
2.5and would not interfere with the parent and child relationship.
2.6 Sec. 3. REPEALER.
2.7Minnesota Statutes 2012, section 257C.08, subdivision 7, is repealed.
1.3amending Minnesota Statutes 2012, section 257C.08, subdivisions 2, 3; repealing
1.4Minnesota Statutes 2012, section 257C.08, subdivision 7.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, 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 of
1.13parentage during minority if it finds after a hearing that: (1) visitation rights would be in the
1.14best interests of the child; and (2) such visitation would not interfere with the parent-child
1.15relationship. The court shall consider the amount of personal contact between the parents
1.16or grandparents of the party and the child prior to the application and whether the parents
1.17or grandparents of the party have been unreasonably denied visitation with the child.
1.18(b) If a motion for grandparent visitation has been heard and denied, unless agreed
1.19to in writing by the parties, no subsequent motion may be filed within six months after
1.20disposition of a prior motion on its merits.
1.21 Sec. 2. Minnesota Statutes 2012, section 257C.08, subdivision 3, is amended to read:
1.22 Subd. 3. If child has resided with grandparents. If an unmarried minor has
1.23resided with grandparents or great-grandparents without a parent present for a period of 12
2.1consecutive months or more, and is subsequently removed from the home by the minor's
2.2parents, the grandparents or great-grandparents may petition the district court for an order
2.3granting them reasonable visitation rights to the child during minority. The court shall
2.4grant the petition if it finds that visitation rights would be in the best interests of the child
2.5and would not interfere with the parent and child relationship.
2.6 Sec. 3. REPEALER.
2.7Minnesota Statutes 2012, section 257C.08, subdivision 7, is repealed.
