Child Visitation
Rights for Polyamorists
If a polyamorist has been in a family living situation with
children, even if not connected to said children by blood
or legal marriage, and there is love for and from the children,
and a breakup occurs, there is hope for visitation rights
to be granted by a court, in Minnesota:
The common law doctrine of in loco parentis for stepparents was
codified in
Minn. Stat.§ 257.022 subd. 2b
Subd. 4. If child has resided with other person. If
an unmarried minor has resided in a household with a person,
other than a foster parent, for two years or more and no longer
resides with the person, the person may petition the district
court for an order granting the person reasonable visitation
rights to the child during the child's minority. The court
shall grant the petition if it finds that:
(1) visitation rights would be in the best interests of the
child;
(2) the petitioner and child had established emotional ties
creating a parent and child relationship; and
(3) visitation rights would not interfere with the
relationship between the custodial parent and the child.
The court shall consider the reasonable preference of the
child, if the court considers the child to be of sufficient age
to express a preference.
It has been interpreted also to include some situations where the
stepparent
did not reside with the child for the two year period in Simmons v.
Simmons,
486 N.W.2d 788.
The entire statute can be found at
http://www.revisor.leg.state.mn.us/stats/257C/08.html