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Minnesota Grandparents Rights in Divorce
Grandparent Rights to Visitation:
Visitation may be granted if the grandparents are the parents of a deceased parent of the child; during or after proceedings for dissolution of the child's parents' marriage, child custody, legal separation, annulment, or paternity; or if the grandchild has resided with the grandparents or great-grandparents for a period of twelve months or more and is subsequently removed by the child's parents. Visitation must be found to be in the best interest of the child.
When Adoption Occurs:
Visitation rights terminate upon adoption by anyone other than a stepparent or grandparent.
Child Custody Statutes:
Parents May Choose:
M.S.A. 518.17. See M.S.A. 518.179 for list of criminal acts which prohibit custody.
- wishes of the parties;
- preference of the child, if of sufficient age;
- child's primary caretaker;
- intimacy of the relationship between child and each party;
- interaction and interrelationship between child and the parties, siblings, and other significant persons;
- child's adjustment to home, school and community;
- length of time in a stable, satisfactory environment, and desirability of maintaining continuity;
- permanence, as a family unit, of the existing or proposed home;
- mental and physical health of all persons involved;
- each party's capacity and disposition to give love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion, if any;
- child's cultural background;
- effect of any domestic violence on the child; and
- any other relevant factor.
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