Divorce brings various casualties. Friends and family are casualties when a relationship is formally dissolved. Of all the loved ones, grandparents, in particular, are faced with uncertainty, particularly when it comes to quality time with their grandchildren. Parents of parents who are filing for divorce or immersed in the process should know that options exist to see their children’s children.
Unlike parental rights granted to a divorcing couple, grandparent rights are far different. Many do not have legal rights when it comes to access to their grandchildren. They face uncertainty in maintaining a strong relationship with their kids’ kids.
Visitation and custody laws present challenges
Minnesota law presumes that grandparents have quality time with their grandchildren as part of their child’s visitation time. Other potential visitation scenarios can help them maintain a relationship with them:
- The parent dies
- Living with their grandchildren for at least twelve months
- Played a significant role in the divorce, specifically custody or parentage
- The best interests of their grandchildren
Courts may also consider the following:
- Grandparents serve as primary caregivers who live with the child or children without their parents in the home
- Regular and frequent contact results in a strong relationship with the child over long time periods
- The children specifically state that they specifically want to visit grandparents or live with them
- Parents lack the ability to provide a stable and secure home
The end of a marriage is a milestone that impacts family members and friends. Grandparents who dote on their grandchildren are significantly impacted and left with the question of whether they will ever spend time with them again.
