New position

Great news! I moved to a new law firm, Joslin & Moore Law Offices, P.A. We are located in Cambridge, Minnesota. I will still handle family law cases (custody, divorce, parenting time, grandparent visitation, child support, paternity) and I now also handle criminal cases, wills, probate, and personal injury. Joslin & Moore is a full service law firm that handles business, civil litigation, probate, employment and real estate. Please feel free to contact us at 763-689-4101.

The Minnesota Supreme Court filed a decision yesterday (Rohmiller v. Hart), February 29, 2012, holding that an aunt who does not stand in loco parentis with a child has no right under Minn. Stat. § 257.08 (2010) to visitation with a minor child over the objections of the child’s fit parent. In an earlier case (SooHoo v. Johnson, 731 N.W.2d 813, 822 (Minn. 2007)), the Supreme Court stated that “[t]he term ‘in loco parentis,’ according to its generally accepted common-law meaning, refers to a person who has put himself in the situation of a lawful parent by assuming the obligations incident to the parental relation without going through the formalities necessary to legal adoption and embodies the two ideas of assuming the parental status and discharging the parental duties.” Under Minn. Stat. § 257C.08, subd. 4, if an unmarried minor has resided with a person (other than a foster parent) for two years or more and no longer resides with the person, the person may petition for visitation. The court shall grant visitation in that situation if the court finds that it would be in the child’s best interests, the person and the child had established emotion ties and the visitation would not interfere with the relationship between the parent and child. There is nothing in 257C.08 that gives an aunt the right to visitation with her niece or nephew simply based upon the child’s best interests or just based on the relationship.

Grandparents and custody

Recently I successfully helped my clients to get temporary sole legal and physical custody of their grandchildren. I believe this is happening more often because of adult children (parents of the grandchildren) having alcohol and/or drug problems. There are several factors to consider when deciding whether to pursue this route. One is do you meet the statutory requirements? This you can determine by meeting with an attorney. Two, do you have the financial resources for this? Unfortunately custody cases can become very expensive. Three, is it worth antagonizing your adult child and/or is this what is best for the grandchildren. There is an emotional toll when going through this type of litigation. My clients felt all sorts of emotions as we progressed through their case. They were very concerned about their adult daughter since they want her to become healthy yet they were looking out for the best interests of their grandchildren.

If you have concerns about your grandchildren, talk to an attorney. He or she can help you know whether you even meet the statutory requirements for attempting to get custody of your grandchildren. Additionally, most attorneys will discuss with you the financial and emotional strain this may have on you. You should know what you are getting into before you decide what to do.