Minnesota Third Party Custody
Grandparents and third parties can seek access, possession, or custody of a child in certain circumstances. The primary concern of Minnesota family courts is the protection and welfare of children. Minnesota Statutes 257C.03 governs the procedure for petitioning for child custody as an interested third party or de facto custodian. Whether a person requesting or petitioning the court for custody is classified as a third party custodian or a de facto custodian depends generally on the amount of time the child has been with the third party and the nature of their contacts.
De Facto Custodians
The Courts consider a person seeking custody to be a “de facto custodian” if the individual has been the primary caretaker for a child who has, within the 24 months immediately preceding the filing of the petition, resided with the individual without a parent present and with a lack of demonstrated consistent participation by a parent for a period of:
- six months or more, which need not be consecutive, if the child is under three years of age; or
- one year or more, which need not be consecutive, if the child is three years of age or older.
If you are a de facto custodian, the attorneys at Robinson | Duffy, PLLC, can help. Call us at 952-525-2252 today.
Interested Third Parties
The Court will consider a person seeking custody to be an “interested third party” if the person (whether it be a grandparent, aunt, uncle, family member, or other person) can prove to the Court that the parent has abandoned, neglected, or otherwise exhibited disregard for the child’s well-being to the extent that the child will be harmed by living with the parent.
Contact the Lawyers at Robinson | Duffy, PLLC Today
If you are a third party who in interested in speaking with one of our qualified Minneapolis/St. Paul third-party custody attorneys regarding obtaining visitation or custody of a minor child, please contact us by calling 952-525-2252 or send us an e-mail. We serve all of the metro counties including: Hennepin County, Ramsey County, Dakota County, Carver County, Anoka County, Scott County, Sherburne County, and beyond. Call us today. We will give you an honest assessment of what you can expect in your situation. We offer payment plans and other affordable options to get you the legal assistance you need.