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Visitation rights with grandchildren

Started by Carmexx, March 20, 2010, 02:43:27 pm

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Hello All,

I haven't posted in a while b/c I have been very busy, but I just wanted to post something that you may find to be helpful information. Hopefully no one on this
board will need this information, but just in case, it is good to keep in mind.

Whenever a divorce occurs and children are involved, the courts have to decide what custody to award each parent. The parent, during that time, can allow
his or her parents (child's grandparents) to visit with the child. However, if the parent passes away, then the grandparents no longer have access to the child
unless they file to transfer the custody rights from the now deceased to themselves within a small window after the person's death. In my state that time is
24 hours.

I know a family whose son passed away after an acrimonious divorce and custody battle. The family was understandibly distraught and had no idea of the statute
of limitation for custody issues, and now their granddaughter has been completely alienated from them.

I'm not even a mother-in-law yet (I just have my 3 yr old child) but I think it is important to know this information.  I'm not sure how this plays out with couples
who are still married and one of them passes, but it would be good to know.


Be kind whenever possible. It is always possible. Dalai Lama


Oh my!  24 hours isn't much of a window, especially considering the awful shock and pain grandparents may be going through during that time dealing with their child's death!

Thanks for that information Carmexx!  I hope none of us needs it in the future, but you never know...  I think this is really important information to have here!  Being forwarned is forearmed! ;)


Thanks for sharing that Carmexx...I had no idea.


Carmexx, I am in Oklahoma and there are differing rights per state but in most cases if the grandparent can prove they provided a significant amount of financial support for the grandchild and/or spent a substantial amount of time with the grandchild then they are allowed grandparents rights in civil court. The only way I know this is because I have been asked in my line of work (child welfare worker) by grandparents whom are being cut out of their grandchildrens lives following a divorce when one parent want's to use the grandchild/ren as a bartering tool.  I tell those grandparents, "Take them to court, both of them just to make sure the other one doesn't get any bright ideas"!  Thanks for your information!


These are things I never really thought about, but I guess from both of your statements, it's a wise thing to check out the laws in the state I live in, just in case!

Thank you both!  What an informative post this is! :)

I would be upset to find that the laws excluded me in my state if something like that ever happened. 


It looks like documentation of time and money contributed is important, too!
Be kind whenever possible. It is always possible. Dalai Lama


Luise, you are always right!  How do you do this!?


Be kind whenever possible. It is always possible. Dalai Lama


LOL!  Really really wise maybe, but the old part?  83 is still not that old!  You have alot of life left in you, and by the way, thank you for giving us some here! :)


P.S.- I forgot to add, Luise, old is a state of mind.  I haven't seen that from you!  Loving and wise (I could buy that), but not old!  You have organized a dream and seen the need for a healing place for women who are going through so much, to share!  That's not "old" in my book!  Feeling old means giving up to me.  That's not "YOU!"  I hope you find this message and realize it's honesty.  I mean it!

Thank you for giving us this site! :)


I think being old is fun!  ;) 8) (And thank you!)
Be kind whenever possible. It is always possible. Dalai Lama