QUESTION
How do I get visitation rights if my daughter passed away and the father moved?
Asked on Aug 31st, 2011 on Child Custody - Louisiana
More details to this question:
What happens if your daughter has her son and has received no child support. The father is behind in child support and she just recently died suddenly and he had to go live with his father in Indiana. How can we get visitation rights as grandparents?
14 ANSWERS
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Hire an attorney immediately.
Answered on Jun 11th, 2013 at 1:28 AM
Patricia C. Van Haren
If the child is living in Indiana, you should seek assistance from an attorney in that state. In California, it is very difficult to obtain grandparent visitation. However, since your daughter passed away, you would be a good candidate for grandparent visitation even in California.
Answered on Sep 02nd, 2011 at 8:10 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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You may be able to have visitation rights via a non-parental custody action. I do not know from the facts you have presented what your chances would be though.
Answered on Sep 02nd, 2011 at 7:11 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Generally, you need to talk to an Indiana attorney to find out if you can get grandparent visitation in Indiana. On the limited information you provided, you would not be able to get grandparent visitation in Colorado unless you had those rights granted by a Colorado court before your daughter died.
Answered on Sep 01st, 2011 at 8:33 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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It's not clear to me which state, Washington or Indiana, has jurisdiction. You have no rights in Washington unless you try to obtain third party custody by proving the Father is unfit. I don't know what the law would be in Indiana. Indiana will probably gain jurisdiction, if it doesn't have it already, after six months. Talk to an Indiana attorney about what your rights are there. The best solution might be to be friendly and supportive to the Father. Continue to send gifts, cards and call the child. Ask to Skype with the child.
Answered on Sep 01st, 2011 at 12:30 PM
In the state of Washington, there pretty much is no such thing as grandparent visitation. So, that means that the court here is certainly not going to order it. Therefore, probably about the only way to get time with the children is to negotiate some sort of agreement with the father.
Answered on Sep 01st, 2011 at 11:19 AM
Steven D. Dunnings
This sounds too complicated to talk about in this format. You need to talk to a lawyer as there exist a number of questions to be asked and answered in order to give you an informed answer.
Answered on Sep 01st, 2011 at 11:05 AM
Roianne Houlton Conner
If the child is in Indiana you would have to file a petition in the county in which the child resides requesting child support.
Answered on Sep 01st, 2011 at 9:42 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Contact the Indiana Bar Association to get the name of a good Indiana Domestic Relations attorney. If the lawyer is licensed in Ohio too, so much the better.
Answered on Sep 01st, 2011 at 8:30 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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I am sorry for your loss. Grandparents have the right to file in court for Grandparent Visitation. The process is much like any custody action. In your circumstance, it may be crucial because your grandson should know, and be connected with, his Mom's family. The easiest (and cheapest) route would be to put any feelings abot child support aside and reach out to your grandson's father. If he is a reasonable man, he will want his son to stay connected to you. You could even put an agreement on your vistation times in writing and have it filed with a court to assure consistency. Think about a schedule that would work best for you, your grandson, and dad - and then present it to him in an open, honest and compassionate manner. His life has also gone through an enormous change - he may even welcome the offer of assistance.
Answered on Sep 01st, 2011 at 7:33 AM
I would say you can file, but now there is a jurisdictional issue with him being in another state.....
Answered on Sep 01st, 2011 at 5:49 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You can file for grandparent visitation, if permitted in Indiana, but it may be very difficult to get. I suggest you speak with an attorney in the County your grandchild lives in at this time.
Answered on Sep 01st, 2011 at 5:34 AM
The father obviously will no longer be paying child support since he now has full custody. The best way for you to get visitation with your grandchild is to be kind and supportive to the father. Grandparents have virtually no rights, and the best way to have your grandchild in your life is with its father's blessings.
Answered on Aug 31st, 2011 at 8:49 PM
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Louisiana law provides that grandparents may enforce visitation rights in "extraordinary circumstances" one of which is when a parent is deceased. Louisiana will remain the "home state" of the child for six months, and a suit for grandparent visitation should be brought in Louisiana before that six-month window passes, since not all states have similar provisions.
Answered on Aug 31st, 2011 at 8:26 PM