Grandparent's Rights for Unborn Child in Minnesota (MN)

Hi everyone. My mom and I haven’t talked for three years. Recently, I got a legal order to keep her away from me because of some problems we’ve had. I’m eight months pregnant now. My dad, who still talks to my mom, told me she wants to have some rights over my baby when it’s born. Can she do that? I’ve heard those rights are usually for kids who live with their grandparents or are in foster care, not for my situation where my parents are together and taking care of me. The judge already told her not to contact me again.

Should I message her to remind her to stay away from me and my baby, or will that just make things worse? Any advice would be appreciated. Thanks.

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understand that this situation can be challenging, especially during a time when you’re expecting a child. Let me address your concerns regarding grandparent rights in Minnesota.

  1. Visitation Rights for Grandparents:
  • In Minnesota, it is generally presumed that grandparents will enjoy contact with their grandchildren during their own child’s visitation time.
  • However, there are specific circumstances where grandparents may seek visitation rights:
    • If their grandchild’s parent passes away.
    • If their grandchildren have resided with them for at least twelve months.
    • If they have been significantly involved in aspects of the dissolution process (such as custody or parentage proceedings).
  • Courts will only award grandparent visitation if it is deemed in the best interest of the child and does not negatively impact parent-child relationships.
  1. Grandparent Custody:
  • Grandparent custody is different from visitation.
  • If your mom seeks custody, it typically falls under the scope of third-party custody.
  • To achieve custody, grandparents must demonstrate that extraordinary circumstances (such as abandonment or neglect) place grandparent custody above the court’s priority of maintaining strong parent-child relationships.
  1. Your Situation:
  • Since you have a legal order to keep your mom away from you, it’s essential to prioritize your well-being and your baby’s safety.
  • Reminding her to stay away may not be necessary, as the court order already prohibits contact.
  • Consider seeking legal advice to understand your rights and options.
  1. Advice:
  • Consult an Attorney: Reach out to a family law attorney who can provide personalized guidance based on your specific circumstances.
  • Focus on Your Well-Being: Prioritize your health and stress levels during pregnancy.
  • Avoid Unnecessary Contact: Messaging her may escalate tensions. Follow the court order and maintain distance.
  • Support System: Lean on supportive friends, family, or a therapist during this challenging time.

Remember that your well-being and your baby’s safety come first. Seek professional advice and take steps to protect yourself and your child.