Your ability to see your grandkids is primarily dependent on the parents’ or legal caregivers’ wishes and on what courts consider to be in the child’s best interests. Minnesota does provide legal pathways for grandparents to request court-ordered visitation, but they apply only in specific situations.

Most access disputes come down to whether a triggering event has occurred and whether continued contact supports the child without interfering with the parent-child relationship.

Grandparents Don’t Have Automatic Visitation Rights in Minnesota

Parents generally have the constitutional right to decide who their children spend time with. That means grandparents do not start with an automatic right to visitation, even on major holidays.

A court can only step in when the law allows it, and even then, a judge must balance the child’s best interests with a parent’s legal rights.

When Grandparents Can Petition for Court-Ordered Visitation

After a Divorce, Legal Separation or Custody Case

If the child’s parents have gone through a divorce or custody proceeding, grandparents may petition for visitation connected to that case. Courts often look at the history of the relationship, the involvement the grandparent has had, and whether visitation would disrupt the parent-child dynamic.

After the Death of a Parent

The death of a parent is one of the most common reasons grandparents explore their options. If the deceased parent was the child’s link to the grandparents, contact may be restricted afterward. In these cases, Minnesota law allows grandparents to request visitation when it supports the child’s emotional stability and continuity.

When Grandparents Served as Primary Caregivers

If a grandparent provided day-to-day care for the child for a substantial period, they may qualify to request visitation. This includes situations where the child lived in the grandparent’s home or where the grandparent handled routine caregiving duties for an extended time. Courts weigh the strength of that relationship heavily.

When a Stepparent Adopts the Child

Stepparent adoption can change legal relationships within a family. Minnesota law allows certain grandparents to petition for visitation even after a stepparent adopts the child, depending on the underlying circumstances and the prior relationship.

When the Child Is the Subject of a Juvenile Court Case

In some child-protection scenarios, extended family involvement may support the child’s well-being. Courts sometimes allow grandparents to request visitation when the child is already involved in a juvenile court proceeding.

Safety Concerns Alone Do NOT Create Visitation Rights

You typically won’t be granted visitation in scenarios where you believe:

• The parent is unsafe
• The child’s home environment is unstable
• The child is being neglected
• The parent is refusing contact out of spite

Why November and December Bring More Disputes

For some grandparents, the opportunity to see their grandkids is the highlight of the holiday season. Sudden changes to established holiday visits can lead to hurt feelings and even legal disputes.  

Even if grandparents have always been involved, holiday access still depends on whether the legal requirements for court-ordered visitation are met. If not, you likely do not have any legal means by which you can force your grandchild’s parent or caregiver to agree to visitation requests.

How Minnesota Courts Evaluate Grandparent Visitation Requests

Best Interests of the Child

A family law judge will typically consider:

• The strength of the grandparent-child relationship
• The length and consistency of contact
• Whether visitation provides emotional or developmental benefits
• Whether the grandparent previously served as a caregiver
• The child’s need for stability during major life transitions

Courts rarely grant visitation if the relationship is minimal or sporadic.

Protecting Parental Rights

Parents have constitutional protections, so the court must also evaluate whether visitation would interfere with the parent-child relationship or the parent’s authority. If a parent strongly objects, the grandparent must show that visitation supports the child without undermining parental decision-making.

What Grandparent Visitation Orders Commonly Look Like

When courts grant visitation, arrangements typically reflect the child’s schedule and the existing family structure. Examples include:

• Short holiday visits
• Limited seasonal or monthly time
• Visits that occur around the parent’s custody schedule
• Supervised or unsupervised time depending on the facts
• Holiday contact that maintains continuity after a parent’s death

Family dynamics are always unique, so there is no standard grandparent visitation template. Orders vary based on the child’s needs and the prior relationship.

When Grandparents May Not Qualify for Court-Ordered Time

• No triggering event such as divorce, death or prior caregiving role
• Minimal or inconsistent involvement in the child’s life
• Parental objections based on safety or well-being
• Requests based solely on tradition or desire for holiday access
• Attempts to replace or override a parent’s role

Do You Want to Speak With a Minnesota Family Law Attorney About Grandparent Visitation?

If you want to understand your options under Minnesota law, the referral counselors at the Minnesota Lawyer Referral and Information Service can connect you with a family law attorney who handles grandparent visitation and custody matters in the Minneapolis and St. Paul area. You can call our referral counselors at (612) 752-6699 or use our self-referral service to get started.