Minneslate Logo

SF2662 (Legislative Session 94 (2025-2026))

Visitation rights to a minor child modification

Related bill: HF2804

AI Generated Summary

Purpose of the Bill

This bill seeks to modify existing family law in Minnesota regarding the visitation rights of grandparents and great-grandparents to minor children. The aim is to provide a clearer framework for when such visitation rights can be granted, particularly focusing on cases where a parent is deceased or where a meaningful relationship with the grandparent or great-grandparent exists.

Main Provisions

  1. Visitation When a Parent is Deceased:

    • The law allows district courts to grant visitation rights to the parents and grandparents of a deceased parent if it is in the best interests of the child and if it won't disrupt the child's relationship with the surviving parent.

  2. Visitation Based on Relationship:

    • A new provision allows grandparents or great-grandparents to petition for visitation if they have a substantial, established relationship with the child.
    • The court will grant visitation rights if:
      • The child's parents are notified of the hearing.
      • It's proven that a significant relationship exists.
      • It is shown that visitation is in the child's best interests and does not interfere with the child's existing relationships.

  3. Factors for Relationship Evaluation:

    • The court will consider several factors to determine if a substantial relationship exists, like prior significant personal contact and if the parent has supported this relationship.
    • The court will assess the benefits of maintaining the relationship for the child's well-being.

  4. Mediation Encouragement:

    • The bill suggests that mediation can be used to resolve disputes, aiming to reduce conflict and improve communication between the parties involved.

  5. No Consideration of Time Apart:

    • The court is instructed not to consider any time the grandparent or great-grandparent might have been apart from the child when making a decision about visitation rights.

Significant Changes

  • The bill repeals a subdivision of the existing statute and adds new detailed subdivisions to clarify when grandparents or great-grandparents can be granted visitation rights.
  • It introduces a structured process for assessing the importance of established relationships and the need for visitation based on the child's best interests.

Relevant Terms

visitation rights, minor child, deceased parent, grandparents, great-grandparents, court petition, substantial relationship, best interests, mediation, dispute resolution

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 16, 2025SenateFloorActionIntroduction and first reading
March 16, 2025SenateFloorActionReferred toJudiciary and Public Safety
March 26, 2025SenateFloorActionAuthor added

Citations

 
[
  {
    "analysis": {
      "added": [
        "A new subdivision allowing grandparents or great-grandparents to petition for visitation rights when they have a substantial established relationship with the minor child."
      ],
      "removed": [
        "The removal of subdivision 2, which detailed conditions under which visitation rights could be denied."
      ],
      "summary": "This bill modifies visitation rights involving grandparents and great-grandparents under section 257C.08.",
      "modified": [
        "Clarification of conditions for granting visitation rights in cases where a parent is deceased."
      ]
    },
    "citation": "257C.08"
  }
]

Sponsors