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Can I get visitation of my grand children?

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#1 susanlynnkbgn


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Posted 28 December 2012 - 12:18 AM

My son died in 2003 and his wife 2009. My daughter in laws mother had my 3 grandchildren for approx a year. She turned the kids over to her sister whom has temporary custody. She does not work and they live off of my son's social security. We did ok with the visitation until the last year. We live 4 hours apart. My husband and I would get them Thanksgiving, last year for the week after Christmas. Spring break and several weeks in the summer. We buy their school clothes and supply their Christmas and summer clothes and many of the small things like pictures or what ever they should need. But last year there was a problem of the Aunt wanting extra money for things not just for the kids. Now I am having a harder time getting her to let us have the children. We only had them 1 week this summer and only could have 1 of them at Thanksgiving. I requested the time for after Christmas and she is not communicating at all with us. Both of the kids parents allowed us very liberal visitation before they died. We love the kids and they love us and we have always been part of their lives. I need to know if there is some type of grandparents visitation since both parents are deceased. I do not know what to do, but I will fight for my grandchildren. They are 15, 14 and 12. Is there such thing as grandparent rights under these circumstances? Can anyone give me some advise or suggest a path for me to explore. I love the kids and it would break my heart if I could not see them.

#2 Ted_from_Texas


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Posted 28 December 2012 - 04:38 AM

Under the circumstances you describe it might be possible to obtain a court order for visitation. Whether that visitation will be as liberal as what you've enjoyed in the past I can't say. A more definitive answer would depend on the laws of state that issued the current custody order (which I presume is a temporary guardianship), the terms of the order, and the detailed facts of the case. This is a matter you'd need to discuss with a local family law attorney.

There is one statement in your message that gives me pause, regarding the aunt wanting "extra money for things not just for the kids." While you are not legally obligated to provide anything at all -- the aunt obligated herself to support the kids when she obtained the guardianship -- you surely realize that raising three teenagers can be financially difficult under any circumstances, and such matters as rent, utilities, transportation, insurance and whatnot certainly benefit the children as well as others in the household. I have no idea what she's asking, or your ability to contribute, but it would be a shame to subject your grandchildren to financial hardships when and if you have the means to do something about it. I'm just sayin'.

#3 Guest_FindLaw_Amir_*

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Posted 28 December 2012 - 09:25 AM

I agree with Ted_From_Texas, this is a matter you may wish to discuss with a local Family Law Lawyer to advise you of your rights regarding visitation.

#4 susanlynnkbgn


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Posted 29 December 2012 - 04:21 PM

Ted from Texas my husband and I are on a fixed income so there is not a abudance of money. She gets social security for the kids from my sons death and food stamps. She will not work. She says she needs to be there for the children and I agree but she could work maybe partime. And when you said that something in the message in which gave you pause I would like to explain. She will call and tell me I need to pay for a electric bill or her car needs repaired things of this nature. Also her 27 year old son lives there and I have no clue if he helps out or not. There is nothing I would not do for my grandchildren.

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