Generally speaking grandparents have rights through the parent so if your son is no longer alive then you don't necessarily have rights. However, if there has been an ongoing connection between yourself and the two children, particularly if they are attached to you, have had regular contact with you, etc. then you can apply for visitation rights based upon the fact that the children had an attachment to you (or a psychological bond) that is separate from the fact of you being the parent of their father. This is something you need to discuss further with a family law attorney. Also, it depends upon whether the mother is trying to prevent you from being able to see the children. You can always try and reach my office if you wish a consultation at 973-665-6367 if this is in northern New Jersey.
Answered on Aug 07th, 2017 at 9:09 AM