How do I get visitation rights if my daughter passed away and the father moved? 21 Answers as of June 11, 2013

What happens if your daughter has her son and has received no child support. The father is behind in child support and she just recently died suddenly and he had to go live with his father in Indiana. How can we get visitation rights as grandparents?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Grandparents have no rights. I know that is hard to hear but a Grandparent's rights to grandchildren is derived through that grandparent's child. In this case, your daughter, and when she died, unfortunately, your rights died with her. There are very few exceptions, you can sue for custody only if you can show that the father in this case is a danger to the child, or that having no visitation with you would hurt the child's emotional welfare or physical welfare. This is a very high burden. My advice is to make friendly with former son-in-law. It is the least expensive and most effective means of getting some time with your grandchild.
Answer Applies to: Texas
Replied: 9/6/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
If the child is living in Indiana, you should seek assistance from an attorney in that state. In California, it is very difficult to obtain grandparent visitation. However, since your daughter passed away, you would be a good candidate for grandparent visitation even in California.
Answer Applies to: California
Replied: 9/2/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You may be able to have visitation rights via a non-parental custody action. I do not know from the facts you have presented what your chances would be though.
Answer Applies to: Washington
Replied: 9/2/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
File your petition for grandparent visitation rights in the appropriate Indiana court in the jurisdiction where your grandson currently resides.
Answer Applies to: Virginia
Replied: 10/3/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Generally, you need to talk to an Indiana attorney to find out if you can get grandparent visitation in Indiana. On the limited information you provided, you would not be able to get grandparent visitation in Colorado unless you had those rights granted by a Colorado court before your daughter died.
Answer Applies to: Colorado
Replied: 9/1/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    It's not clear to me which state, Washington or Indiana, has jurisdiction. You have no rights in Washington unless you try to obtain third party custody by proving the Father is unfit. I don't know what the law would be in Indiana. Indiana will probably gain jurisdiction, if it doesn't have it already, after six months. Talk to an Indiana attorney about what your rights are there. The best solution might be to be friendly and supportive to the Father. Continue to send gifts, cards and call the child. Ask to Skype with the child.
    Answer Applies to: Washington
    Replied: 9/1/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    In the state of Washington, there pretty much is no such thing as grandparent visitation. So, that means that the court here is certainly not going to order it. Therefore, probably about the only way to get time with the children is to negotiate some sort of agreement with the father.
    Answer Applies to: Washington
    Replied: 9/1/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    This sounds too complicated to talk about in this format. You need to talk to a lawyer as there exist a number of questions to be asked and answered in order to give you an informed answer.
    Answer Applies to: Michigan
    Replied: 9/1/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Under the Statute in Minnesota, a grandparent may seek grandparenting visitation if their child dies leaving a grandchild. The grandparents must fie a Petition seeking grandparenting time which will be determined by a court based on what the court believes to be in the child's best interests.
    Answer Applies to: Minnesota
    Replied: 9/1/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    If the child is in Indiana you would have to file a petition in the county in which the child resides requesting child support.
    Answer Applies to: Alabama
    Replied: 9/1/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Contact the Indiana Bar Association to get the name of a good Indiana Domestic Relations attorney. If the lawyer is licensed in Ohio too, so much the better.
    Answer Applies to: Ohio
    Replied: 9/1/2011
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    I am sorry for your loss. Grandparents have the right to file in court for Grandparent Visitation. The process is much like any custody action. In your circumstance, it may be crucial because your grandson should know, and be connected with, his Mom's family. The easiest (and cheapest) route would be to put any feelings abot child support aside and reach out to your grandson's father. If he is a reasonable man, he will want his son to stay connected to you. You could even put an agreement on your vistation times in writing and have it filed with a court to assure consistency. Think about a schedule that would work best for you, your grandson, and dad - and then present it to him in an open, honest and compassionate manner. His life has also gone through an enormous change - he may even welcome the offer of assistance.
    Answer Applies to: California
    Replied: 9/1/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    I would say you can file, but now there is a jurisdictional issue with him being in another state.....
    Answer Applies to: Wisconsin
    Replied: 9/1/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You can file for grandparent visitation, if permitted in Indiana, but it may be very difficult to get. I suggest you speak with an attorney in the County your grandchild lives in at this time.
    Answer Applies to: California
    Replied: 9/1/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    File a request for visitation with the court. Due to the tragic loss of you daughter, the court amy consider grandparent contact appropriate to preserve the child's relationship with his mother's side of the family. This advice pertains to the California approach to your circumstance. It would be a very wise idea to contact a family law attorney in Indiana to ascertain how to approach this issue now that the child lives in Indiana.
    Answer Applies to: California
    Replied: 9/1/2011
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    The father obviously will no longer be paying child support since he now has full custody. The best way for you to get visitation with your grandchild is to be kind and supportive to the father. Grandparents have virtually no rights, and the best way to have your grandchild in your life is with its father's blessings.
    Answer Applies to: California
    Replied: 8/31/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Hire an attorney immediately.
    Answer Applies to: Wisconsin
    Replied: 6/11/2013
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    If you and your grandchild are denied visitation by the biological father, then you can request specific visitation rights (i.e. when and where) from the court. Best to hire a local family law lawyer to assist. Good luck!
    Answer Applies to: California
    Replied: 8/31/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    Louisiana law provides that grandparents may enforce visitation rights in "extraordinary circumstances" one of which is when a parent is deceased. Louisiana will remain the "home state" of the child for six months, and a suit for grandparent visitation should be brought in Louisiana before that six-month window passes, since not all states have similar provisions.
    Answer Applies to: Louisiana
    Replied: 8/31/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You need to consult a family law attorney in Indiana regarding the status of grandparents rights in that state.
    Answer Applies to: Georgia
    Replied: 8/31/2011
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