Grandparent Visitation Statutes: Are the Best Interests of the Grandparent Being Met Before Those of the Child?

TL;DRAbstract

On January 29, 1996, Sherry Olson-Kelm spent the night in jail?not for committing a crime?no bad checks, no drunk driving, no possession of drugs. Rather, Olson-Kelm could have remained jailed for ninety days for refusing to let her mother see her daughter.1 In July, 1995, the Minnesota Supreme Court had upheld the district court's visitation order between Sarah and her grandmother finding the visitation to be in Sarah's ' 'best interests.' '2 Olson-Kelm and Sarah's grandmother, Ann Fair, became estranged after Olson-Kelm married her second husband, Jerry Kelm. Farr did not approve of Kelm and let Olson-Kelm know it. Farr claims she has had tearful, sleepless nights and a burning sensation in her chest since she was first denied regular visits with Sarah four years ago. Olson-Kelm alleges Farr has a drinking problem.3 If it were up to Olson-Kelm's ten year old daughter, Sarah, she would not see her grandmother at all. Sarah fears that her grandmother will try to kidnap her, and becomes

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