Grandparent Visitation Petition - Minnesota

IMPORTANT: PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Minnesota provides official Judicial Branch forms for third-party / grandparent visitation matters.
This template provides the substantive legal content to help you prepare — confirm and use current
Minnesota Judicial Branch forms (mncourts.gov) and local district court requirements before filing.

STATE OF MINNESOTA

DISTRICT COURT

[COUNTY] COUNTY — [____] JUDICIAL DISTRICT

PETITION FOR GRANDPARENT VISITATION

(Minn. Stat. § 257C.08)

NOW COMES the Petitioner, [PETITIONER FULL LEGAL NAME], and respectfully petitions this Court pursuant to Minn. Stat. § 257C.08 for an order granting reasonable visitation with the minor child named above, and states as follows:

1. PARTIES

1.1 Petitioner (Grandparent)

1.2 Co-Petitioner (if applicable)

1.3 Respondent(s) (Parent(s) / Custodian(s))

1.4 Minor Child

2. JURISDICTION AND VENUE

2.1 Subject-Matter Jurisdiction. The District Court has jurisdiction to grant reasonable grandparent visitation under Minn. Stat. § 257C.08.

2.2 UCCJEA. Minnesota is the "home state" of the minor child under the UCCJEA, Minn. Stat. ch. 518D, because (check one):

☐ The child has lived in Minnesota with a parent or person acting as a parent for at least six (6) consecutive months immediately before commencement of this proceeding;

☐ The child is less than six (6) months old and has lived in Minnesota since birth;

☐ Other jurisdictional basis under ch. 518D: [____________]

2.3 Venue. Venue is proper in [COUNTY] County because the child resides or is present there.

2.4 Other Proceedings; six-month bar (Subd. 2(b)). (check one): ☐ No prior grandparent-visitation motion concerning this child has been heard and denied. ☐ A prior motion was heard and denied on [__/__/____]; more than six (6) months have elapsed, or the parties have agreed in writing to an earlier filing.

2.5 No combination with OFP (Subd. 8). This visitation proceeding is not combined with any proceeding for an Order for Protection under Minn. Stat. ch. 518B.

3. STANDING (Minn. Stat. § 257C.08)

Petitioner has standing to seek visitation because ONE OR MORE of the following statutory grounds applies (check all that apply):

☐ Subd. 1 — Deceased parent. A parent of the unmarried minor child is deceased, and Petitioner is a parent or grandparent of the deceased parent;

☐ Subd. 2 — Family court proceeding. A proceeding for dissolution, custody, legal separation, annulment, or parentage involving the child has been commenced, or has been completed, and Petitioner is the parent or grandparent of a party to that proceeding;

☐ Subd. 3 — Prior residence with grandparent. The unmarried minor child resided with Petitioner (a grandparent or great-grandparent) for a period of twelve (12) months or more and was subsequently removed from the home by the child's parent(s).

3.1 Adoption exception (Subd. 5). (check one): ☐ The child has not been adopted by a person other than a stepparent or grandparent. ☐ Not applicable. (Visitation does not apply, and any prior order terminates, if the child is adopted by a non-stepparent/non-grandparent.)

4. FACTUAL ALLEGATIONS

4.1 History of the relationship and prior personal contact. [DESCRIBE — the amount and quality of personal contact between Petitioner and the child prior to this application; periods the child resided with Petitioner; caregiving, activities, holidays, and milestones; the depth of the bond. The Court must consider the amount of prior personal contact.]

[____________]

4.2 Circumstances leading to this Petition. [DESCRIBE — when and how contact ceased or was curtailed; reasons given; informal efforts to resolve]:

[____________]

4.3 Best interests. [DESCRIBE why the requested visitation is in the child's best interests — see the factors in Section 6]:

[____________]

4.4 Non-interference with the parent-child relationship. [DESCRIBE why the requested visitation will not interfere with the parent-child relationship; how the schedule respects the parents' time, rules, and decisions; Petitioner's commitment to supporting the parent-child bond]:

[____________]

4.5 Child's preference (if of sufficient age and maturity). (check one): ☐ The child has expressed a preference: [____________] ☐ The child is too young to express a meaningful preference.

5. CONSTITUTIONAL AND STATUTORY STANDARD

5.1 Parental rights; special weight (Troxel). A fit parent has a fundamental constitutional right to make decisions concerning the care, custody, and control of the child, and a fit custodial parent's decision regarding grandparent visitation is entitled to special weight. Troxel v. Granville, 530 U.S. 57 (2000).

5.2 Minnesota statutory standard (§ 257C.08). Upon a qualifying statutory ground, the Court may grant reasonable visitation only if it finds that (1) visitation is in the best interests of the child, AND (2) the visitation would not interfere with the parent-child relationship. The Court shall consider the amount of personal contact between Petitioner and the child prior to the application.

5.3 Burden of proof (Sohoo). Consistent with the special weight owed to a fit custodial parent's decision under Troxel, the grandparent bears a heightened burden and must establish entitlement to visitation by clear and convincing evidence where the Court weighs conflicting evidence. Sohoo v. Johnson, 731 N.W.2d 815 (Minn. 2007).

5.4 Interference finding (Subd. 7). The Court may not deny visitation based on allegations that visitation would interfere with the custodial parent-child relationship unless, after a hearing, the Court determines by a preponderance of the evidence that such interference would occur.

6. BEST-INTEREST FACTORS (Minn. Stat. § 257C.04, subd. 1)

Petitioner alleges the requested visitation serves the child's best interests, considering (check all that apply):

☐ The wishes of the party seeking visitation;

☐ The reasonable preference of the child, if of sufficient age to express a preference;

☐ The nature and strength of the relationship between the child and Petitioner;

☐ The desirability of preserving an existing relationship between the child and Petitioner;

☐ The interaction and interrelationship of the child with Petitioner and other significant persons;

☐ The child's adjustment to home, school, and community;

☐ The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity;

☐ The permanence, as a family unit, of the existing or proposed custodial home;

☐ The mental and physical health of all individuals involved;

☐ The capacity and disposition of the parties to give the child love, affection, and guidance;

☐ The child's cultural background;

☐ The effect of any actions of an abuser, if related to domestic abuse, on the child and the party seeking visitation;

☐ Any other relevant factor: [____________]

7. REQUESTED VISITATION SCHEDULE

7.1 Regular visitation. ☐ Weekly — [SPECIFY] ☐ Bi-weekly — [SPECIFY] ☐ Monthly — [SPECIFY] ☐ Other — [____________]

7.2 Holidays and special occasions.

7.3 Communication. ☐ Telephone — [frequency] ☐ Video calls — [frequency] ☐ Mail/cards

7.4 Transportation / exchange. ☐ Petitioner will provide transportation ☐ Exchange location: [____________]

8. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

A. Find that Petitioner has standing under Minn. Stat. § 257C.08;

B. Find, giving special weight to the fit parent's decision and applying the clear-and-convincing standard under Sohoo v. Johnson, that the requested visitation is in the best interests of the child and would not interfere with the parent-child relationship;

C. Enter an order granting Petitioner reasonable visitation on the schedule set forth in Section 7, or as the Court deems appropriate;

D. Grant Petitioner reasonable telephone, video, and written communication with the child;

E. Award costs; and

F. Grant such other and further relief as the Court deems just and proper.

9. VERIFICATION

I, [PETITIONER NAME], declare under penalty of perjury under the laws of the State of Minnesota that I have read the foregoing Petition, including the factual allegations in Section 4, and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

Date: [__/__/____]

Signature: _________________________________

Print Name: [____________]

10. SIGNATURE

Respectfully submitted,

Date: [__/__/____]

_________________________________
[PETITIONER NAME], Petitioner (Pro Se)

— or —

_________________________________
[ATTORNEY NAME] (Atty. Reg. No. [____________])
[FIRM NAME]
[ADDRESS]
[TELEPHONE] | [EMAIL]
Attorney for Petitioner

11. NOTICE TO RESPONDENT

TO THE RESPONDENT(S): You have been served with a Petition for Grandparent Visitation under Minn. Stat. § 257C.08. You are required to respond within the time prescribed by the Minnesota Rules of Civil Procedure and applicable family-court rules. If you fail to respond, the Court may proceed and enter an order against you. You have the right to appear at any hearing and to be represented by an attorney.

12. CERTIFICATE / AFFIDAVIT OF SERVICE

I certify that on [__/__/____], a copy of the foregoing Petition was served upon the following by the method indicated:

Respondent 1 — Name: [____________]; Address: [____________]; Method: ☐ Personal service ☐ U.S. mail ☐ Other: [____________]

Respondent 2 — Name: [____________]; Address: [____________]; Method: ☐ Personal service ☐ U.S. mail ☐ Other: [____________]

Signature: _________________________________

SOURCES & REFERENCES

• Minn. Stat. § 257C.08 — Rights of visitation to unmarried persons: deceased parent (subd. 1); family court proceedings and six-month bar (subd. 2); prior 12-month residence with grandparent (subd. 3); adoption exception (subd. 5); interference must be proved by a preponderance after hearing (subd. 7); no combination with ch. 518B (subd. 8). https://www.revisor.mn.gov/statutes/cite/257C.08
• Minn. Stat. § 257C.04, subd. 1 — Best-interest factors for third-party / grandparent visitation.
• Sohoo v. Johnson, 731 N.W.2d 815 (Minn. 2007) — Special weight to a fit custodial parent's decision; clear-and-convincing burden on the petitioner.
• Troxel v. Granville, 530 U.S. 57 (2000) — Fit parents' visitation decisions entitled to "special weight."
• Minn. Stat. ch. 518D — Minnesota UCCJEA (jurisdiction; home state).
• Minnesota Judicial Branch forms: https://mncourts.gov/getforms