Alternatives to Permanent Custody

When a parent agrees that a grandparent or other relative can better care for a child, the parent may execute a delegation of powers, a formal document giving another person the authority to care for and make decisions for a child. A delegation of powers gives a caregiver important authority in regard to a child but not legal custody of the child. If the parent desires to terminate the delgation of power, he or she may do so at any time. A delegation of powers is temporary but can be renewed once it expires. Minn. Stat. § 524.5-211  Should a parent or guardian want an arrangement that lasts longer than one year, he or she may designate another adult as a standby or temporary custodian or enter into a custody consent decree. Designation of a standby custodian can be temporary, for a specific period of time not to exceed 24 months, or it can take effect upon the occurrence of a triggering event, such as the death or incapacity of the designator. A petition for designation as a standby custodian must be filed with the court. A petition for approval of a designation may be made at any time. If the triggering event has not yet occurred or if the filing is intended to confirm the designation of a temporary custodian, only the designator may file the petition for approval. Once a petition has been approved, the standby or temporary custodian's authority begins automatically upon the occurrence of the triggering event. Parents do not lose their rights by designating a standby or temporary custodian. Minn. Stat. § 257B.04

Grandparent Custody

If a temporary caregiver wants to keep a child for more than 24 months or knows that the parent will not be able to care for the child after 24 months, the caregiver can seek legal custody of the child. Obtaining third party custody of a child  can be a complicated and long process if the parent objects. In order to become the custodian of a child, the caregiver must either be a de facto custodian or an interested third party. A de facto custodian is a person who has been the primary caregiver for a child residing with the caregiver without the parent being present within 24 months preceding the filing of a third party custody petition. If the child is between one and three years of age, the parent of the child must not have participated in the child's life for a period of six months or more. This period does not need to be six consecutive months. If the child is three years of age or older, the parent of the child must not have participated in the child's life for twelve months or more which, again, does not have to be twelve consecutive months. A de facto custodian does not include a person who has a child placed with him through a custody consent decree, a court order, a voluntary placement decree, or adoption.   Minn. Stat. § 257C.01 To be established as a de facto custodian, a caregiver must prove, by clear and convincing evidence, that he or she has met the requirements of living with the child and, by a preponderance of the evidence, that it is in the best interets of the child to be in the custody of the de facto custodian.  Minn. Stat. § 257C.03 Subd. 6 An interested third party is an individual who is not a de facto custodian but can show, by clear and convincing evidence, 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; or The placement of the child with the interested third party takes priority over preserving the day-to-day parent-child relationship because of the presence of physical and/or emotional danger to the child; or Other extraordinary circumstances exist.   Minn. Stat. § 257C.01 An interested third party does not include an individual who has a child placed in the individual's care through a custody consent decree, court order, voluntary placement, or adoption. In determining an interested third aprty's petition for custody, the court must consider: The amount of involvement the interested third party has had with the child during the parent's absence or child's lifetime; The amount of involvement the parent had with the child during the parent's absence; Whether there are any other interested third parties involved; The facts and circumstances of the parent's absence; Any refusal of the parent to comply with conditions for retaining custody set forth in previous court orders; Whether the parent seeking custody has been prevented from doing so because of domestic violence; Whether a sibling of the child is already in the care of the interested third party; and Whether a standby custody declaration has been executed.   Minn. Stat. § 257C.03 Sub. 7(b)

Grandparent Visitation

A court may grant a grandparent's request for reasonable visitation with an unmarried minor grandchild when the grandchild's parent is deceased if thecourt finds that visitation would be in the best interests of the child and wouldnot interefere with the living parent's relationship with the child.  The court must take into consideration the amoutn of personal contact between the parents or grandparents ofthe deceased parent and the child prior to the application for visitation.  Minn. Stat. § 257C.08 Subd. 1  If a minor grandchild has resided with her grandparents or great-grandparents for a period of twleve or more months and is then removed from the home by her parents, the grandparents or great-grandparents may also petition the court for reasonable visitaiton rights.  The court shall grant visitation if the court finds that visitation would be in the best interests of thechild and would not interfere with the parent-child relationship.  Minn. Stat. § 257C.08 Subd. 3 A grandparent may also petition the court for visitation after a grandchild has been adopted by a stepparent.  The court may grant a visitaiton order if the grandparent is the parent of the grandchild's deceased parent, or if the parent's parental relatipnship was termninated by a decree of adoption and the court determined that the requested visitation would not interfere with the relationship between the grandchild and his parent(s).  Minn. Stat. § 257C.08 Subd. 6 Note:  In 2007, the Minnesota Supreme Court held that Minn. Stat. § 257C.08 Subd. 4 was unconstitutional because it doesnot specify either the level of proof or who bears the burden of proving the requirements of the statute.  SooHoo v. Johnson, 731 N.W.2d 815, 824 (Minn. 2007)   An amendment to the statute was introduced at the 85th Legislature on January 22, 2007.  After its first reading the bill was sent to the House Public Safety and Civil Justice Committee where no further action was taken.