Minnesota Statutes

Minn. Stat. § 257C.08 (2026)

Rights Of Visitation To Unmarried Persons

✓ current as of May 2026

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Subdivision 1.If parent is deceased.

If a parent of an unmarried minor child is deceased, the parents and grandparents of the deceased parent may be granted reasonable visitation rights to the unmarried minor child during minority by the district court upon finding that visitation rights would be in the best interests of the child and would not interfere with the parent child relationship. The court shall consider the amount of personal contact between the parents or grandparents of the deceased parent and the child prior to the application.

Subd. 2.Family court proceedings.

(a) In all proceedings for dissolution, custody, legal separation, annulment, or parentage, after the commencement of the proceeding, or at any time after completion of the proceedings, and continuing during the minority of the child, the court may, upon the request of the parent or grandparent of a party, grant reasonable visitation rights to the unmarried minor child, after dissolution of marriage, legal separation, annulment, or determination of parentage during minority if it finds that: (1) visitation rights would be in the best interests of the child; and (2) such visitation would not interfere with the parent-child relationship. The court shall consider the amount of personal contact between the parents or grandparents of the party and the child prior to the application.

(b) If a motion for grandparent visitation has been heard and denied, unless agreed to in writing by the parties, no subsequent motion may be filed within six months after disposition of a prior motion on its merits.

Subd. 3.If child has resided with grandparents.

If an unmarried minor has resided with grandparents or great-grandparents for a period of 12 months or more, and is subsequently removed from the home by the minor's parents, the grandparents or great-grandparents may petition the district court for an order granting them reasonable visitation rights to the child during minority. The court shall grant the petition if it finds that visitation rights would be in the best interests of the child and would not interfere with the parent and child relationship.

Subd. 4.If child has resided with other person.

If an unmarried minor has resided in a household with a person, other than a foster parent, for two years or more and no longer resides with the person, the person may petition the district court for an order granting the person reasonable visitation rights to the child during the child's minority. The court shall grant the petition if it finds that:

(1) visitation rights would be in the best interests of the child;

(2) the petitioner and child had established emotional ties creating a parent and child relationship; and

(3) visitation rights would not interfere with the relationship between the custodial parent and the child.

The court shall consider the reasonable preference of the child, if the court considers the child to be of sufficient age to express a preference.

Subd. 5.Exception for adopted children.

This section shall not apply if the child has been adopted by a person other than a stepparent or grandparent. Any visitation rights granted pursuant to this section prior to the adoption of the child shall be automatically terminated upon such adoption.

Subd. 6.Grandparent visitation with an adopted child.

(a) A grandparent of a child adopted by a stepparent may petition and a court may grant an order setting visitation with the child if:

(1) the grandparent is the parent of:

(i) a deceased parent of the child; or

(ii) a parent of the child whose parental relationship was terminated by a decree of adoption according to section 259.57, subdivision 1; and

(2) the court determines that the requested visitation:

(i) is in the best interests of the child; and

(ii) would not interfere with the parent and child relationship.

(b) Failure to comply with the terms of an order for visitation granted under this subdivision is not a basis for revoking, setting aside, or otherwise challenging the validity of a consent, relinquishment, or adoption of a child.

Subd. 7.Establishment of interference with parent and child relationship.

The court may not deny visitation rights under this section based on allegations that the visitation rights would interfere with the relationship between the custodial parent and the child unless after a hearing the court determines by a preponderance of the evidence that interference would occur.

[See Note.]

Subd. 8.Visitation proceeding may not be combined with proceeding under chapter 518B.

Proceedings under this section may not be combined with a proceeding under chapter 518B.

Notes of Decisions

Cited in 21 cases (5 in the last 5 years), 2005–2025 · leading case: Soohoo v. Johnson, 731 N.W.2d 815 (Minn. 2007).

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Soohoo v. Johnson, 731 N.W.2d 815 (Minn. 2007). · cites it 132× “Johnson challenges the constitutionality of section 257C.08, subdivision 4, as well as the visitation schedule ordered by the court.”

Rohmiller v. Hart, 811 N.W.2d 585 (Minn. 2012). · cites it 72× “under Minn.Stat. § 257C.08 (2010) on terms to which B.”

Christianson v. Henke, 831 N.W.2d 532 (Minn. 2013). · cites it 61× “75 is a “proceeding” for purposes of Minn. Stat. § 257C.08, subd. 2, we conclude that a “proceeding” occurred and that the district court had subject matter jurisdiction to award visitation to Christianson.”

Rohmiller v. Hart, 799 N.W.2d 612 (Minn. Ct. App. 2011). · cites it 33× “Does Minn.Stat. § 257C.08, subd. 1 permit granting visitation to a relative of the deceased parent of an unmarried minor child other than the deceased parent’s parents and grandparents? 3.”

Givens v. Darst, 800 N.W.2d 652 (Minn. Ct. App. 2011). · cites it 11× “Minn.Stat. § 257C.08, subd. 1 (2010). And the district court may in its discretion grant the petition even against the surviving parent’s wishes, but only if the visitation does not interfere with the parent’s relationship with the child: If a parent of an unmarried minor child…”

Christianson v. Henke, 812 N.W.2d 190 (Minn. Ct. App. 2012). · cites it 34× “On appeal from an order granting respondent-grandmother visitation with her grandchild, appellant-mother argues that the district court lacked subject-matter jurisdiction under Minn.Stat. § 257C.08, subd. 2, to grant grandparent visitation because the recognition of.”

Peters v. Costello, 891 A.2d 705 (Pa. 2005). · cites it 2× “119, § 39D; Minn.Stat. § 257C.08; Miss.Code Ann. § 93-16-3; Mo.”

In the Matter of Est. of Thurgood, 2006 UT 46 (Utah 2006). “27b (2006); Minn.Stat. § 257C.08 (2004); Miss.Code Ann.”

In the Matter of: Ronald Jeffrey Smith v. Brian Robert Kessen (Minn. Ct. App. 2023). · cites it 68× “8(b) (2022), a district court must dismiss a grandparent’s petition for visitation if it finds that the grandparent cannot establish the factors for visitation under Minn. Stat. § 257C.08 (2022). 2. Under Minn.”

Smith v. Gordon, 968 A.2d 1 (Del. 2009). “Minn.Stat. § 257C.08, subd. 4 (2008) (permitting someone other than the legal parent to petition for visitation over the objections of the legal parent if: (1) the petitioner lived with the child for two years or more; (2) the petitioner and child developed emotional ties…”

Lott v. Alexander, 134 So. 3d 369 (Miss. Ct. App. 2014). “§ 9-13-103(a)(1) (grandparents and great-grandparents); Minn.Stat. Ann. § 257C.08(4) (other person); Nev.”

In the Matter of: Ellen Sue Laas Ewald v. Nina Laas Ewald Nedrebo, ... (Minn. Ct. App. 2023). · cites it 27× “established pursuant to Minn. Stat. § 257C.08. Grandparents ask this court to reverse the district court’s order, which now requires that grandparent visits occur in Massachusetts, the new residence of Mother and M.”

Show all 21 citing cases →

— Minn. Stat. § 257C.08(4) — 1 case

Lott v. Alexander, 134 So. 3d 369 (Miss. Ct. App. 2014). “§ 9-13-103(a)(1) (grandparents and great-grandparents); Minn.Stat. Ann. § 257C.08(4) (other person); Nev.”

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