do grandparents have custody rights when the father of the kids is deceased?

Answer 1

Grandparents rights are different from state to state. You need to check with your local children's services agency.

Answer 2

It depends on whether or not the child's mother is still alive. If so then no. In such a case the grandparents could request visitation rights but they would not have custody. If both parents were dead then custody of the children would fall to whoever was listed in their will. If they have no will then custody would fall to the closest living relative which likely means the grandparents or an older sibling.

Answer 3

You should check your state statutes. Some states allow grandparents visitation rights when their child (parent of grandchildren) is deceased.
If grandparents want custody they have to take it to court. This is harder when one of the parents are alive and easier if they are both deceased. Court has presumption that it is in best interest of child to be with parent. Grandparents would have to rebut that presumption by showing the parent is unfit or depending on the state they may just have to prove that it is in the best interests of the child.

Answer 4

"So my question is can relations/grandparents set up paternity after a ascertain has died?" positive. they could use their own DNA or a sibling's to verify paternity interior the parameters. might want to they get a courtroom order to pressure your pal to put up her baby to it? uncertain. yet there is not an excellent style of priority for one of those request to be contested, because the youngster of a deceased ascertain is entitled to SS reward, and probably others. "would they actually have any accurate to visitation with the grandchild on account that they don't have any previous courting with him?" Colorado regulation facilitates the prospect. The courtroom would choose, as continually, "interior the finest interest of the youngster." you ought to motivate your pal to not enable it get to that. in simple terms because her ex turned right into a jerk doesn't propose his father and mom are not good people. both she and her baby will earnings on as a lot love and help as achievable. EDIT: actual "Warrior" has that precisely backward. In a 2000 case, Troxel v. Granville, the very best courtroom ruled that states which allowed grandparents' visitation rights antagonistic to the desires of the youngster's ascertain violated the Constitutional accurate of a ascertain to enhance the youngster. (subsequently, grandparents *purely* have rights even as their baby is not interior the image.)

Answer 5

It is possible to get custody rights to the kids, but you have to go to the courts to get this done. And you will also have to prove beyond a shadow of doubt that the mother of the kids is an unfit mother and some times that is hard to do.

It is too late now for you to do this, but some time back when I feared for my own life (ex-husband was trying to kill me) I went to the court house with my parents and we all signed papers that stated in the event of my death they were to get custody of my kids. It was done legally. And of course I had proof that he was trying to kill me.

Answer 6

it depends on what the state laws are in there area. Here in NC grandparents do not have any rights.

Answer 7

no they have to take the mother to court to get visitation rights. and she better have a good excuse in court for not lettin the grandparents see the kid(s).

Answer 8

If the mother doesn't have any rights or if they are going to get taken the maternal grandmother has rights.

Answer 9

they certainly can file for them,they can even adopt.also grandparents have more rights than you may think.

Answer 10

That would depend on what state you live in. Some states have it others don't (tn doesnt but mo does)