QUESTION
What rights do grandparents have when one of the spouse died?
Asked on Sep 16th, 2013 on Child Custody - Utah
More details to this question:
I just want to talk with my grandson. His mother won't let me since my son is deceased.
3 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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In Arizona it is possible to file a petition for grandparent visitation, and one of the factors that permits this filing is the death of one of the parents of the grandchild.
Answered on Sep 18th, 2013 at 12:22 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Grandparents can go into court and ask for grandparent visitation. You have to be able to show that you had a beneficial relationship with the child before the death of your son and that a continued relationship with the child would be in the child's best interests, among other things.
Answered on Sep 17th, 2013 at 8:44 AM
Grandparents can file for visitation rights, including the right to have telephone contact or virtual visitation with grandchildren, especially when their child, the parent of the grandchild(ren) is deceased. The statutes that apply to this can be found in Sec. 30-5-2 of the Utah Code Annotated. It must be shown that contact with the grandchildren is in their best interest or that the grandparent is a fit and property person to have visitation. The court can look at factors including the existence of a prior bond or substantial relationship with the grandchild, whether visitation has been denied or unreasonably limited, and whether the parent is unfit or incompetent. There is a presumption that a parent's decisions with regard to grandparent visitation is in the best interests of the affected children. Since there are specific statutory requirements and standards, it may be helpful to contact an attorney.
Answered on Sep 17th, 2013 at 2:54 AM