What Rights Do You Have To See Your Grandchildren When Your Adult Child Dies?
If you've recently suffered the ultimate loss that can befall a parent, the death of your child, you may still be trying to wrap your mind around a life without your child in it. The loss you feel can be just as intense even after your child has reached adulthood and moved out of your home, and if he or she left minor children behind, you may be worried about whether you'll be able to continue to see your grandchildren now that you no longer have a blood relationship with one of their parents. What right do you have to see -- or even seek custody of -- minor grandchildren after the death of your adult child? Read on to learn more about grandparent visitation and custody state by state.
Do you have visitation rights as a grandparent?
In response to several high-profile court cases involving grandparents seeking visitation with (or custody of) grandchildren following their parents' contentious divorce or an untimely death, many states have set forth laws and regulations that permit grandparents to seek visitation or custody of their grandchildren. Although some state supreme courts have declared these laws unconstitutional as they have the potential to grant the all-important civil liberties of parenthood to someone not directly related to the child by blood or adoption, they continue to be enforced in many other states.
Some states permit grandparent visitation only in cases of divorce, not untimely death, while others will allow grandparents to make a visitation request under just about any circumstances. These laws and regulations govern only formal visitation agreements -- you and your grandchild's parent or guardian are permitted to implement an informal visitation schedule at any time. However, the adoption of your grandchild by another individual (whether your ex-son-in-law or ex-daughter-in-law's new spouse or an entirely new set of parents) has the potential to terminate any legal visitation rights you may have, even if you've already been enjoying visitation with your grandchild for several years or more.
If you'd like to seek visitation of your grandchild following the death of your adult child, it's important to seek legal counsel as soon as possible. An attorney can help you evaluate the issues driving your desire to seek visitation (such as a concern that you'll be cut out of your grandchild's life if you don't have a formalized visitation agreement in place) and review with you your state's laws on visitation by grandparents.
Do you have the ability to seek custody of your grandchild?
Even in states without codified grandparent visitation laws, grandparents have the ability to seek primary custody of a grandchild if this is deemed to be in the grandchild's best interest. If you're concerned about your grandchild's other parent's ability to financially or emotionally cope with your child's death or provide your grandchild with food, shelter, and other necessities, you may want to petition your local trial court for a change of custody to give you legal and physical control over your grandchild's future.
On the other hand, grandparents seeking joint or shared custody with the child's other parent are unlikely to succeed, as many states don't permit shared custody with a parent and a non-parent -- granting only visitation rights in these cases. Unless you feel your grandchild is in imminent danger unless he or she is permitted to move in with you, filing for a change of custody likely isn't the best idea. Find a trusted custody attorney.
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