A legal question and answer column for seniors.

DEAR SENIORS LEGAL LINE:

I am the proud grandfather of my son’s two children. My son and I have had some personal disagreements, and as a result he no longer brings my grandchildren over to visit. I miss them terribly. Do I have any rights under the law to enforce some sort of visitation?

Signed, Reggie

DEAR REGGIE:

Minnesota Statutes Chapter 257C contains remedies concerning visitation and custody of minor children (18 yrs or less) by third parties, including grandparents. Physical custody is a determination of where and with whom the children live. Visitation is a right to spend and enjoy time with minor children. Since you are not concerned about the custody of the grandchildren, we will only address the visitation provisions of this law. Traditionally, visitation rights for grandparents were derived through that grandparent’s child, or the consent of a parent of the grandchild. Minnesota law provides for additional awards of visitation under specific circumstances.

If a parent of the minor child is deceased, the parents or grandparents of the deceased may be granted reasonable visitation rights if it is found to be in the best interest of the minor child, and would not interfere with the current relationship of the remaining biological parent. The court will consider the amount of prior personal contact between the minor child and the grandparent seeking visitation.

When there are court proceedings for divorce, custody, legal separation, and other similar family law actions that occur, a grandparent may petition for reasonable visitation with the minor child (grandchild). The court will consider the quality and amount of prior personal contact between the grandparent and the grandchild prior to petitioning for visitation rights, as well as whether it would be in the best interests of the child and not interfere with the parent/child relationship.

The grandparents may also petition the court for visitation rights if the minor grandchild has resided with the grandparents, or great grandparents, for a period of 12 months or more. Again, such rights may be granted if the court finds that it is in the best interests of the child and would not interfere with the parent/child relationship. There are also similar provisions for other persons who have resided with the child for 2 years or more, and separate laws governing visitation in situations with adopted children for grandparents or other third parties.

If your son is unmarried, it may be important for you to establish his paternity over your grandchildren through a Recognition of Parentage or by other means.

Please note: If the grandchildren live in another state or jurisdiction, you will probably have to petition for visitation where they live. Likewise, if the grand-children are subject to a family law action out of state, say Wisconsin, you will have to seek visitation in the Wisconsin courts.

This letter only addresses visitation. Under limited scenarios, the State may grant a grandparent additional rights. There are additional Minnesota State laws that govern third party (or grandparent) custody, including the Defacto Custodian and Interested Third Party provisions. Generally, your ability to have access to your grandchildren stems from the consent of their parents. Therefore, Reggie, the most beneficial course of action for all concerned would be to work out your differences with your son, bringing peace to the family.

I hope you find this helpful. For further discussion regarding the specific facts of your case, contact the legal services office in your area.

For further general information, check out the following resources: Minnesota Kinship Caregivers Association at www.mkca.org or (651) 917-4640, or the Arrowhead Economic Opportunity Agency’s ROCK (Raising Our Children’s Kids) program at (218) 748-7354 or toll-free at (800) 662-5711.

This column is written by the Senior Citizens’ Law Project. It is not meant to give complete answers to individual questions. If you are 60 years of age or older and live within the Minnesota Arrowhead Region, you may contact us for legal help or questions by writing to: Senior Citizens’ Law Project, Legal Aid Service of Northeastern Minnesota, 302 Ordean Bldg., Duluth, MN 55802. Please include a phone number and return address. To view previous articles, go to: www.lasnem.org. Reprint by permission only.