Sister died and grandparents want custody of child

[SNR-T]

What is the name of your state? IL

My sister passed away and the father of the child says he is going to take my nephew to Florida to live with him. What rights do my parents have as grandparents who have cared for my nephew all his life? and the father has not been paying child support, or been visiting frequently.

 

[rmet4nzkx]

I'm sorry for your loss.
When did your sister die?
How old is the child.
Are there any court orders? What are they?
What is the status of paternity, was it established by marriage, court order or acknowledgement?
Did the child live with the grandparents, if so how long?

If paternity has been established the father has a right to his child, it matters not whether or not he paid child support or visitation. Depending on the circumstances, the grandparents may be able to petition for visitation, a costly process. The father is eligible to be the REP PAYEE for the Social Security benefits for the child. If there is a child support order that is payable to the mother and there is arears, that in canceled with her death. If she was on welfare or state aid that the state had a claim to the child support, that he was ordered to pay, that does not go away automatically.

 

[LdiJ]

I'm sorry for your loss.
When did your sister die?
How old is the child.
Are there any court orders? What are they?
What is the status of paternity, was it established by marriage, court order or acknowledgement?
Did the child live with the grandparents, if so how long?

If paternity has been established the father has a right to his child, it matters not whether or not he paid child support or visitation. Depending on the circumstances, the grandparents may be able to petition for visitation, a costly process. The father is eligible to be the REP PAYEE for the Social Security benefits for the child. If there is a child support order that is payable to the mother and there is arears, that in canceled with her death. If she was on welfare or state aid that the state had a claim to the child support, that he was ordered to pay, that does not go away automatically.

Even if dad hadn't previous established paternity he STILL has the right to establish it now and have full parental rights.

 

[LdiJ]

What is the name of your state? IL

My sister passed away and the father of the child says he is going to take my nephew to Florida to live with him. What rights do my parents have as grandparents who have cared for my nephew all his life? and the father has not been paying child support, or been visiting frequently.

I understand your family's pain, but you must realize that parents have a constitutional right to the care and control of their children. Absent the ability to prove a parent legally unfit (which is not easy) is extremely difficult for a third party (ie grandparent or other extended family member) to win a custody battle with a parent.

Your parents have no official/automatic "rights". Only parents have those. However your parent do have the right to petition the court for visitation rights, and may have standing to fight for custody. They just need to realize that the chances of winning could be slim.

 

[rmet4nzkx]

Even if dad hadn't previous established paternity he STILL has the right to establish it now and have full parental rights.

Of course, but there still need to be some answers.

 

[SNR-T]

Thank you all for your replies to my situation!! To answer your questions

She died in the later part of April
The child is 12 years old
We are trying to decide if we should pay a lawyer to take on the case.
Paternity was acknowledged.
The child and his mom lived with my parents 11 of his 12 years.

 

[rmet4nzkx]

Thank you all for your replies to my situation!! To answer your questions

She died in the later part of April
The child is 12 years old
We are trying to decide if we should pay a lawyer to take on the case.
Paternity was acknowledged.
The child and his mom lived with my parents 11 of his 12 years.

If paternity is acknowledged, the father has custodial rights to his child unless he can be proved to be grossly unfit. It is not dependant upon whether or not he paid child support, you mention no orders. At this point in time, the grandparents may seek counsel insofar as seeking visitation but maintaining an amicible relationship with the dad will go a long way in achieving that goal, visitation, but not custody, that is the father's right and also to the Social security dependants benefits for the child.