grandparents rights ,?

Question

my daughter died in nov, 2006. she has two young children , the biological father was never married to my daughter, just common law i'm told.right now the kids are living with the biological aunt of the mother , who has passed away, i would to know in texas if the aunt and uncle get custody or adopt them, can they change the last name of the kids .if so can i as the grandfather request that the kids have and keep the mothers maiden name included, and if i also can request off school visitation for some of summer and maybe vacations, the biological father has, on his own , turned over the kids to the aunt and uncle, which we are in good terms with them, the father is not capable to raise and care for the kids, i would like to keep them , but my health could hender the case , i think, i just want to know that i will not have my grandkids taken away from me for good .but i am willing to go the distance if need be, please guide me to my rights in this unusaul case. thank you for your help

Answer 1

build a relationship with the aunt/uncle. if both parents of the children have relinquished their rights to the children, you have no case. would you really feel good about assaulting the aunt and uncle with a lawsuit while they are trying to do the honorable thing and build a family for these kids? would you feel good about that? i should hope not.

Answer 2

I am so sorry for your loss.You have my deepest sympathy. I don't know the adoption laws in Texas, but in Ohio the Aunt and Uncle can adopt the children and change their names as well including their last names, as long as the father has either signed away his rights to them legally or has not visited them in 6 months prior to the adoption, and you as well have the right to adopt them as well. Should they win their case, they can take your Grandkids anywhere in the world that they want to, so try to stay on good terms with them if you can. But as far as visiting rights are concerned, that would be up to the Aunt and Uncle if they should win custody. You can always request what you want, but I'm told that basically the Grandparents don't have any rights legally. The custodial parents have the right to say who visits the children or not, at least that's how it works in Ohio, I am speaking from experience as my Daughters second husband Adopted her first child from a previous marriage because of the non support and non visitation that I had mentioned earlier. The other Grandma was there and spoke up about her rights and the Judge told her that she didn't have any unless the Mother wanted her to see the child. I wish you all the luck in the world and go the distance if you have to. Do what is best for the children!

Answer 3

The laws regarding these issues vary from state to state. I do not know what the Texas courts would decide or how the laws are written there. But there are several websites on grandparents raising grand kids and kinship rights. Kinship rights refer to what the aunt and uncle you refer would be seeking. They are not biological parents, nor are they grandparents, but they are 'kin' to the children. The AARP website has a link, I know and if you do a search (just type in 'grandparents raising grandchildren) you will find several sites that offer information and most of them have listings by state for what the various laws are in the area in which you live. Even though you, yourself, are not seeking custody, you can still find a wealth of information at these sites and find out what the laws are.
Hope this helps...sorry for your loss.

Answer 4

That is a terrible situation. I would have no idea where to start if I were you. I'd try a visit with a family lawyer & find out what your rights are.

Answer 5

i feel grandparntes should have rights especially in your case. i have an ex husband and i dont keep the grandpartens away it is not their fault. i feel for you and i hope u get to see your grand kids it is wrong for them not to let u see the kids good luck