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What rights do Grandparents have to their grandchildren if their child dies?
Family & Parenting / 6:42 PM - Tuesday December 29, 2009

What rights do Grandparents have to their grandchildren if their child dies?

So my friend's son has died unexpectedly. Her son was the father of a 5yr old. The mother of this child refuses to let my friend see the child, she has not even told the child his father has died. Does my friend have any rights to visitation to her grandchild?? What would be the chances if she took the mother to court? She just wants to see him, not have full custody or anything.

- Asked by alwayssorry, A Cool Mom, Female, 29-35, Seattle, Who Cares?

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My friend is going through that herself, she went to court & was allowed to visit her granddaughter, so i say GO FOR IT!!!

- Response by spitfire815, A Hippie Chick, Female, 66 or older, Who Cares?

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Grandparents have absolutely no rights to their grandchildren. If she died, she could fight for custody. But if she's alive, no judge is going to force her to allow them visitation. I'm sorry. I feel very bad for them, but unless she agrees, there's no hope.

- Response by myndseye711, A Cool Mom, Female, 29-35, Managerial

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Community Rating: Community Star

I'm sure the laws vary state to state.

No, I don't know our laws. I see we're from the same area.
After my son in law died, my daughter has made sure that their daughter gets to spend time with, and know her dad's family.

I've always believed that you cannot have too much loving family. Thankfully, my daughter feels the same way.

Your friend's grandson would benefit having a loving grandma...I wish it didn't take court action to convince his mother of that. :(

- Response by mamom04, A Sweet Sarah, Female, 56-65, Phoenix

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well here in philly grandparents have rights..( they are the bloodline, gp is not strangers to the children.. so tell her go for it.. bring pics, any video, anything you have.. i won my grandaughter.. and i won my step daughter a couple years ago.. it's all about the best interest of the child.. .remember grand parents have just as much rights.. and they will get their visitation, and if the child is old enough to speak on his/her behalf even better to make the case quicker..

- Response by mburgos, A Cool Mom, Female, 46-55, Philadelphia, Who Cares?

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Grandparents already had THEIR children. Now let everybody else do the same without interference...
Sad but my kid is mine, and I don't have to share it with anyone else.

- Response by pelaos, A Guy Critical, Male, 36-45, Milwaukee, Other Profession

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Custody usually goes to "next of kin" meaning the father or mother if alive. The grandparents don't really have rights in most places.

- Response by greenwind, An Intellectual Guy, Male, 56-65, Construction

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Yes, there are provisions for grandparents to see their grandchildren. She will probably have to take the mother to court.

- Response by barbb, An Alternative Girl, Female, Who Cares?, Other Profession

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It's terrible but the grand parents have no rights.
Sad, yes?

- Response by roaminginsomniac, An Alternative Girl, Female, 46-55, Law Enforcement

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If she use the law to gain her interests then the mother might fight back and she has all the right to do so.

Showing the love and care for the baby's best interests will earned the mother trust. With trust, your friend will slowly to get near the child through her mother.

If your friend does love her grandchildren and wants nothing best for him after the child lost his father then she should try to talk to the mother and show her how much she cares about them, ask her if she need anything to support the kid and if the mother still insists not agree for a visitation then just give her the time that she needs, but continue to keep in touch.

You friend just can't ask for a relation without involve with their life i.e support/love/care to create a bond first. I know I wouldn't let anyone to have the privilege to see/touch/talk to my kid, doesn't matter who they are if they don't show their care/love

Love will not conquer everything but it will in this case if she cares


- Response by azianchemistry, A Player, Female, 46-55, San Francisco, Who Cares?

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Sorry to say this but grandparents have NO RIGHTS in the court of law regarding grandchildren, unless both parents die and a 3rd party wants custody against the grandparents which are the only caess which stand up in court or sometimes in the case of gay parents in which one parent wasn't listed as a legal guardian.

Dantzi Jean

- Response by dantzijean, A Thinker, Female, 29-35, Student

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