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Deseased Parent

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#1 Marshag


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Posted 15 January 2013 - 04:06 PM

My nephew past away in August of 2012 and had 1 child living and 1 that was unborn. The mother of the children is not married but she is with someone now who wants to adopt them. This man I feel only wants to keep the children away from our side of the family as at Christmas time he did not want us to have the children at all. My mother is 70 years old and these children mean the world to her as they are all that is left of my brother and nephew. Are there any rights/laws to keep them in our lives? We appreciate any assistance to this matter. Thank you.

#2 Ted_from_Texas


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Posted 15 January 2013 - 06:44 PM

Depending on circumstances and your unidentified state's laws, your mother (asuming she is the children's great-grandmother) might be able to obtain a court order for limited visitation in case the kids are adopted by the mother's husband. This is something she'd need to discuss with a local family law attorney.

Note that when I say "limited visitation" I mean it's extremely unlikely that significant dates such as Christmas and birthdays would be included in the visitation schedule, as these are events generally considered properly shared with the children's parents and their extended families.

#3 pg1067


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Posted 16 January 2013 - 07:55 AM

I agree with the prior response and would emphasize that the applicable state law matters greatly here.

One additional point: You said that your nephew and the children's mother were not married. That being the case, the first step will be to establish that your nephew was, in fact, the father of the children. Perhaps that had been done with respect to the child who was living at the time of your nephew's death, but it cannot have been done with respect to the unborn child. If the children's mother disputes that your nephew was the father of the unborn child, it could be extremely difficult to establish paternity for someone who has been dead for five months. Do readily available and verifiable samples of your nephew's DNA exist? If not, is your mother willing and able to have your nephew's remains exhumed in order to obtain DNA? And would your nephew's parents consent to that?

It's also worth pointing out that your mother cannot have established much, if any, connection with the child that was not born at the time of your nephew's death, and an established connection is often a crucial factor when it comes to applications by remote family members for visitation.

I don't intend to sound harsh, but these are the realities of the law in most, if not all, states.

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