Grandparent Rights to Visitation

grandfather holding granddaughter family law fargo north dakota

The joys of being a grandparent are unlike any other experience, and the relationships that you have with your grandchildren are irreplaceable and priceless. But what happens when you are not allowed to see your grandchildren? What would you do if you couldn’t spend time with them?

If you are a grandparent or great-grandparent who has a grandchild, it is only natural that you would like to maintain the bond you have with that child. Each state has its own set of regulations when it comes to visitation rights of grandparents, and it is a good idea to understand the rules when dealing with issues of visitation.

North Dakota Regulations

In North Dakota grandparents as well as great-grandparents may be granted “reasonable visitation rights” as long as the court decides that it will not interfere with the relationship between the parent and child and if it is in the best interest of the child. However, adoption will terminate the rights of grandparents unless there was official visitation granted prior to the adoption.

Minnesota Regulations

Many factors are taken into consideration for grandparent’s visitation rights in Minnesota. If a parent of a minor child is deceased, grandparents may be granted reasonable visitation if the court finds that to be in the child’s best interests. In some instances, a grandparent may also petition for visitation with a child even while both parents are still living. In the case of an adoption, visitation by the grandparents is terminated, unless the adoption was granted by a step-parent or grandparent.

If the child’s parents are deceased, a parent has had their parental rights revoked, and the relationship the child has with the grandparents reviewed. In the case of an adoption, visitation by the grandparents is terminated, unless the adoption was granted by a step-parent or a blood relative. Children age 12 and older are allowed to choose who they would like to be the custodian.

When seeking to be granted visitation rights, it is a good idea to document all interaction with the grandchild and their parents. Keep in mind that the parents do have a say, and if one or both of them do not like the idea, visitation rights may be denied.

If you believe that the bond you have with your grandchild is strong and that having a relationship with them will not interfere with the relationship they have with their parents, make sure to contact an attorney with experience in grandparent’s rights before proceeding. The North Dakota family law attorneys of O’Keeffe O’Brien Lyson Foss will help you fight for your rights as a grandparent. Tracy Lyson is an experienced family law attorney and will fight for your rights as passionately as you would. Call 701-235-8000 or 877-235-8002 today!

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