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When should you seek custody of your grandchildren in Minnesota?

On Behalf of | Jun 15, 2023 | Custody & Visitation

Grandparents play a large role in the lives of their grandchildren, providing love, support and guidance. However, there are some situations where seeking custody of grandchildren may be necessary to ensure their safety and well-being.

As a grandparent, in what situations should you consider seeking custody of your grandchildren in Minnesota?

The parents are unable or unfit to provide care

This may be due to a variety of factors, such as substance abuse, mental health issues, incarceration, neglect or abuse. If the parents’ actions or circumstances jeopardize the safety or well-being of the children, it may be necessary to step in and seek custody.

The children are at risk of harm

If you genuinely believe that your grandchildren are in immediate danger or facing significant harm, it is essential to take swift action to protect them.

The children need a stable and supportive environment

In some cases, seeking custody may be appropriate even if the parents are not necessarily unfit or the children are not in immediate danger. For instance, if the children are facing instability, frequent relocations, or lack a stable and supportive environment, seeking custody can provide the stability and consistency they need for their well-being and development.

You have established a significant parental relationship

Minnesota recognizes the importance of the grandparent-grandchild relationship and acknowledges that grandparents can play a significant role in their grandchildren’s lives. If you have established a significant parental relationship with your grandchildren, seeking custody may be appropriate for continuing that relationship.

Seeking custody is in the best interest of the children

Ultimately, the primary consideration in seeking custody of your grandchildren in Minnesota is the best interest of the children. The court will evaluate various factors, including the children’s physical and emotional well-being, the existing relationship between the children and their parents, the grandparents’ ability to provide a safe and stable environment.  If they are old enough, courts may also take into account the children’s preferences.

If you believe that seeking custody of your grandchildren is necessary, it is important to quickly determine the next legal steps for you and your grandchildren.

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