Introduction

Family dynamics can be complex, especially when it comes to custody and visitation. When parents separate, divorce, or become unable to care for their children, grandparents often wonder what rights they have to maintain a relationship with their grandchildren.

In Minnesota, grandparents do have limited legal rights when it comes to custody and visitation. However, the courts prioritize the best interests of the child, and grandparent rights are secondary to those of the parents.

This blog explains Minnesota’s laws regarding grandparent custody and visitation, the process for asserting those rights, and how a family law attorney can help.

Understanding Grandparent Visitation vs. Custody

It’s important to distinguish between visitation rights and custody rights.

Visitation gives grandparents the legal ability to spend time with their grandchild, usually through court-ordered parenting time.
Custody grants legal or physical care of the child, similar to a parent’s rights and responsibilities.

While both are possible under Minnesota law, courts require specific circumstances to be met before granting either.

Do Grandparents Have Automatic Rights?

No, grandparents do not have automatic legal rights to see their grandchildren in Minnesota.

Courts assume that parents have the primary right to decide who their child spends time with. However, in certain situations, grandparents can petition for court-ordered visitation or even custody—especially if it benefits the child’s well-being.

Minnesota Law on Grandparent Visitation

Under Minnesota Statute § 257C.08, grandparents may request visitation under the following conditions:

After the death of a parent: If the parent of the child (who is also the grandparent’s son or daughter) has died, grandparents can petition for reasonable visitation.
During or after divorce/separation: If the parents are divorced, separated, or have never married, and a court has issued a custody order, grandparents can seek visitation.
If the child has lived with the grandparent for at least 12 months and is then removed, the grandparent may ask for visitation rights.

The court will consider the grandparent’s involvement in the child’s life and whether continued contact is in the child’s best interests.

What Are the “Best Interests of the Child”?

When deciding on any custody or visitation matter, Minnesota courts use the best interests of the child standard.

Factors include:

The child’s emotional ties with the grandparent
The grandparent’s involvement in the child’s care
The physical and emotional needs of the child
The parent’s wishes and objections
Any history of abuse, neglect, or domestic violence

You can read more about the best interest factors in Minnesota Statutes § 518.17.

Can a Parent Block Grandparent Visitation?

Yes. If a parent believes that grandparent visitation is not in the best interests of the child, they can object.

The court will then weigh both sides. While a parent’s opinion is taken seriously, the court has the power to grant visitation over the parent’s objection if it finds that:

The child would be harmed by losing contact with the grandparent, and
Visitation would serve the child’s best interests

This is a high legal standard, so strong evidence and legal representation are often required.

Can Grandparents Get Custody in Minnesota?

Yes, but only under specific and challenging circumstances. Minnesota allows non-parents—including grandparents—to seek custody through a legal process called third-party custody under Minnesota Statute § 257C.03.

Grandparents may seek custody if:

Both parents are deceased
The parents are unfit (due to abuse, addiction, neglect, or abandonment)
The child has lived with the grandparent for an extended period, and removing the child would cause harm

In these cases, the grandparent must show that:

The child is not being adequately cared for by the parent(s), and
Granting custody to the grandparent is in the child’s best interests

The Process to Request Visitation or Custody

To pursue visitation or custody rights, grandparents must:

File a petition in family court
Serve the petition to the child’s parents or guardians
Attend a hearing where both sides can present evidence
Demonstrate that the proposed arrangement benefits the child

It is highly recommended to work with a family law attorney experienced in Minnesota custody cases to increase your chances of success.

What If the Parents Were Never Married?

Unmarried parents do not affect a grandparent’s ability to file for visitation or custody. However, the court still requires:

Proof of a strong relationship between the grandparent and the child
Evidence that visitation serves the child’s best interests

If paternity has not been legally established, a court may delay the case until parental rights are confirmed.

What If the Child Is in Foster Care?

If a child is placed in foster care or removed from parental custody by social services, grandparents may have additional rights to seek custody or adopt the child.

Minnesota’s child protection laws often prioritize placing children with relatives—including grandparents—before considering non-family placements. You can read more about relative placements on Child Welfare Information Gateway.

Tips for Grandparents Seeking Custody or Visitation

Document your relationship with the child (photos, messages, witness statements)
Keep records of time spent together, financial support, or caregiving
Be respectful and communicative with the child’s parents (if possible)
Hire an experienced family law attorney to guide you through the legal process

Even if your relationship with the parents is strained, showing that your actions are centered around the child’s best interests can help persuade the court.

When to Consult a Family Law Attorney

Pursuing visitation or custody as a grandparent is never easy, and the legal system is designed to protect parental rights first. That said, Minnesota law does recognize the value of extended family in a child’s life—especially when circumstances demand intervention.

At Martine Law, we help grandparents build strong, compelling cases that prioritize the child’s well-being and preserve important family connections.

Final Thoughts

Grandparents in Minnesota may not have automatic legal rights to custody or visitation, but the law does offer a pathway when the child’s emotional and physical well-being is at stake.

Whether you’re trying to maintain contact with a grandchild after a divorce or protect a child from unsafe conditions, it’s crucial to understand your legal options and act with urgency.

Let Martine Law guide you through the process and fight for the role you play in your grandchild’s life.

Do Grandparents Have Custody or Visitation Rights in Minnesota?