Do grandparents have rights after my spouse has passed away?

Question

I want to lead my own life now that my wife has passed I have two kids that I am having trouble getting away from my in laws. We have butted heads on a few things and I am one step away from getting legal with them. While I appreciate their help, I want to raise my kids my way. Do I have a right to restrict visitation. I don't hate them, I just dont see them as part of my life now that it has ended with my wife's passing.

Answer 1

Some states have "grandparent rights" but not many. Check findlaw.com and see what types of rights are specific to your state. Anyway, no matter what state, they'd have to take you to court to obtain them.

Answer 2

In some states now that your wife has passed they have more rights than before.But unless they are doing something that is harmful to your children.You shouldn't cut ties with them. It isn't fare to your children. You don't have the right to deny them their Grandparents.Expecially since the biggest conncetion to their mom is her parents.Their are probably things about both their grandma and grandpa that remind them of their mom and in some ways they probably find it comforting. Also, you should ask yourself.What if I were my inlaws.What if the only conection I had left to one of my children were their children.The Grandparents see things in your kids that remind them of their child they lost.You have to remember here they are dealing with the worse thing that could happen to a parent their child is gone.Those kids are all the proof there is left on this earth that she ever existed.You can't take that from them.I know you are hurting over your loss and you probable think that things would be easier for you without them to remind you of her. It is understandable that you feel you have to make changes to move on with your life.But moving on doesn't mean you dump off all memories of her or your life together if you ever cared for you late wife you would have more understanding with her parents.You will move on and maybe get remarried.They won't move on its not like they can go out and find a new daughter. Has for the visitation thing I wouldn't push it to far. In some states Grandparent have has much right has the parents do.Good Luck with them.

Answer 3

Okay I can totally relate to this question. My husband just passed away 6 months ago and I am trying really hard to make sure that our son is in contact with my inlaws, but I did tell that up front last month that I am doing the best I can to raise my son and that if they have any problems with what I am doing please do not hesitate to mention them. I also told them that I may not do things the way they would, but I am going to do the best I can. I feel it is very important that the grandparents remain in the grandchildrens life because they are all part of each other.

Answer 4

Well yeah they do, because they're the next closest relative to your kids. If you wanna get away from them so much, just move to another state. I don't think your kids wanna be distant from their grandparents though (if they have a good relationship), and no, part of your life has not ended with your wife's passing, your kids are a product of hers and yours together too. Think of ways you can limit their visit, like say, you guys are not home, vacationing etc if you want. But seriously, you should think harder on why they want more time with your kids, it reminds them of your wife, their daughter. They have already lost their beloved daughter, don't take away their grandkids too.

Answer 5

They are still the grand parents of your children. Yes, they do have the rights to see the kids. I think there are some types of laws out there that state that grandparents can sue for custody of the kids if they feel the parent is unfit to raise them. It is important to have their grand parents in their lives now that your wife has passed. How would your wife feel if she knew you did not want her parents involved in raising her kids?I feel it is an important part of your children's lives because they will give them the love and nurturing that you as their father can not give them. I lost my mother 4 years ago and she loved all her grand children equally. My mother would sit and tell my nieces stories and she would tell them about the past. My mother would tell her about Jesus. How would you feel if you died and your wife said well I do not want my husbands parents involved with my children. Open your heart and please let them be a part of their lives. It is the holiday season by the way. Let them share in all the joys of yours and your wife's kids growing up. My condolences on the passing of your wife.

Answer 6

Although I understand your frustrations, I don't think that it is fair for you to eliminate them from the lives of your children. How would you like it if you had passed away and your wife stopped the children from seeing your parents? Your children need to know their grandparents as long as they aren't doing anything that us detrimental to their health. I would suggest sitting them down and telling them that you are the parent and that you will raise your children the way that you see fit and that you do not appreciate them interfering and that you understand that they want what is best for your children but so do you and that you appreciate all their help but as their father, you will be the one to make the decisions about how to raise them. Please remember that they have lost their child and they should not have to lose their grandchildren as well. Also I believe that their are some type of laws on the book about grandparents rights but I am not sure how they work. Also remember God forbid something happens to you also, the children need to be in contact with their grandparents in case of an emergency. I want to express my condolences for your loss and I wish you the best of luck with your pushy in laws.

Answer 7

You, as the father are their legal guardian. You can choose who, when, and how long they visit with their granparents. It's all up to you. But please consider your kids feelings and your in-laws feelings. They all lost a very important person in their lives. Your kids are their only connection to their deceased daughter. Maybe they are over compensating by putting all their emotions and attention into the kids. try talking to them. Even if you don't have the best relationship with them your kids may. Be respectful of that and be the grown up your children need you to be right now. If you try a polite adult conversation with them and it doesn't work then go forth with other options. And try to keep in mind, they will always be your kids grandparents. Your wife, their mother was their daughter. That fact will never change.

Answer 8

They are still their grandparents even if your wife had passed. Granted, you do have custody and are their father so you have the say over raising them but maybe they are just trying to help. Was she their only child? If so, maybe it's their way of holding on. It's just my point of view. I wouldn't restrict visitation. You're only hurting your children by doing that. I hope it all works out for you.

Answer 9

My condolences on your loss of you wife. Please remember that your in-laws have also suffered a terrible loss, and their connection to their daughter is through her children, their grandchildren.

"I just don't see them as part of my life now that it has ended with my wife's passing." Maybe not your life, but always a part of your children's lives.

The kind of loss you have all suffered can make even the best of relationships strained.

I think it is best to be forthright with the in-laws. Tell them in the nicest way you can possibly muster that while you appreciate their assistance, you need to raise the children as you see fit, and that you would like them to respect these boundries.

Legal action: there is a very good chance that you will be ordered to allow visitation with the grandparents, which in cases of a loss of the parent will be quite liberal. The courts, not you will have more say in how you raise your children.

Answer 10

while they do have a right to see their grandkids you should sit down and explain to them that you are the kids' father and while you appreciate their help you will raise them the way they see fit. if they dont agree or begin harassing you than yea, maybe further steps need to be taken. in the mean time put your differences aside and try to work it out for the sake of the children. they are still a part of their life. whether you like it or not.

Answer 11

They'll always be a part of the kids lives being their grandparents. Remember the grandparents are probably clinging more to the kids now to feel a closeness to their daughter that is now gone. Try not to be to hard on them. But being their parent you should have the right to say when they go visit their grandparents and all major decisions pertaining to the kids. good luck to you ;o)