QUESTION
If something were to happen to my daughter, if she dies, would I have any rights to see my grandchild?
Asked on Nov 10th, 2012 on Child Custody - Pennsylvania
More details to this question:
I know that his father will not willing allow me to do so due to the hatred between he and my daughter.
9 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Yes, contact an experienced custody attorney.
Answered on Nov 14th, 2012 at 7:11 AM
There are no grandparents rights. Make peace with the father.
Answered on Nov 14th, 2012 at 5:48 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You would have to file in court for visitation. If you have an existing relationship and your daughter dies and the court decides it is in the kids best interest you may get some visitation.
Answered on Nov 14th, 2012 at 5:44 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No, your grandparental rights have become non-existant.
Answered on Nov 14th, 2012 at 5:41 AM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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You can seek grandparent visitation. If the court deems visits are in the best interest of the child he or she will order visits.
Answered on Nov 14th, 2012 at 5:40 AM
Steven D. Dunnings
If you file a petition with the court.
Answered on Nov 14th, 2012 at 5:33 AM
Unfortunately, if your daughter passes away, the child will likely go with the other parent unless there is some history of abuse to the child or other major concern. In the event that a child is with the parent, the law does not require that the parent facilitate a relationship between the child and the grandparents. Although there was a law protecting grandparents' rights in the past, it was found to be unconstitutional and is no longer good law.
Answered on Nov 14th, 2012 at 5:29 AM
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Yes, if your daughter dies you would have a cause of action to petition the court for visitation.
Answered on Nov 14th, 2012 at 5:15 AM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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There is not enough information provided. You should consult with and retain an attorney to review the specific facts of your case as applied to PA law. Some grandparents have legal standing to file for custody, but it is fact driven.
Answered on Nov 14th, 2012 at 5:09 AM