By Maury D. Beaulier, Esq.

If a parent of an unmarried minor child is deceased, the parents and grandparents of the deceased parent may be granted reasonable visitation rights to the unmarried minor child during minority by the district court upon finding that visitation rights would be in the best interests of the child and would not interfere with the parent child relationship. The court shall consider the amount of personal contact between the parents or grandparents of the deceased parent and the child prior to the application. during or after proceedings for dissolution of the child's parents' marriage, child custody, legal separation, annulment, or paternity; or if the grandchild has resided with the grandparents or great-grandparents for a period of twelve months or more and is subsequently removed by the child's parents. Visitation must be found to be in the best interest of the child. M.S.A. §257.022.

Moreover,  Minnesota's divorce statute also allows grandparents to file a petition for visitation as a separate action outside of a divorce , paternity action or legal separation.  Minnesota's divorce statute includes visitation within its definition of custody providing:

In a court of this state which has jurisdiction to decide child custody matters, a child custody proceeding is commenced: * * * (b) by a person other than a parent, where a decree of dissolution has been entered or where none is sought by filing a petition or motion seeking * * * visitation of the child in the county where the child is permanently resident * * *. A person seeking visitation pursuant to this paragraph must qualify under * * * section 257.022.

Minn. Stat. § 518.156, subd. 1(b) (emphasis added).

If a motion for grandparent visitation has been heard and denied, unless agreed to in writing by the parties, no subsequent motion may be filed within six months after disposition of a prior motion on its merits