Grandparents rights when son is deceased

[bridgemom]

What is the name of your state (only U.S. law)? Minnesota

I am not a party to this case, but friends of the grandparents. Am wondering if anyone has any information on visitation rights for grandparents for following facts:

Their son passed away last summer and child was born early this year. Mother of child is not allowing grandparents to see child except when the baby was first born.

There has been no DNA test, but mother of child did admit to the judge that the father of the child was the grandparents deceased son.

The grandparents are awaiting the judges decicion regarding DNA test and visitation.

My question is this; The mother does not want DNA test done, nor to allow visitation. Is it standard in these cases for her wishes to always supercede the grandparents wishes to have a relationship with their grandchild?

 

[Just Blue]

What is the name of your state (only U.S. law)? Minnesota

I am not a party to this case, but friends of the grandparents. Am wondering if anyone has any information on visitation rights for grandparents for following facts:

Their son passed away last summer and child was born early this year. Mother of child is not allowing grandparents to see child except when the baby was first born.

There has been no DNA test, but mother of child did admit to the judge that the father of the child was the grandparents deceased son.

The grandparents are awaiting the judges decicion regarding DNA test and visitation.

My question is this; The mother does not want DNA test done, nor to allow visitation. Is it standard in these cases for her wishes to always supercede the grandparents wishes to have a relationship with their grandchild?

Do you mean does a fit parent have the right to determine who has contact with THEIR CHILD? Well...YES.

At this point they don't even know that this child is their Grandchild.

 

[Antigone*]

Do you mean does a fit parent have the right to determine who has contact with THEIR CHILD? Well...YES.

At this point they don't even know that this child is their Grandchild.

I agree totally with Blue. At this point they are not even legally grandparents.

 

[bridgemom]

Do you mean does a fit parent have the right to determine who has contact with THEIR CHILD? Well...YES.

At this point they don't even know that this child is their Grandchild.

Makes sense when you put it that way, but I read that in some states special consideration was given when the parent was deceased. But like you mentioned, they aren't certain that the child is their son's.

 

[Just Blue]

Makes sense when you put it that way, but I read that in some states special consideration was given when the parent was deceased. But like you mentioned, they aren't certain that the child is their son's.

Also keep in mind that even IF the child is their Biological GC...There is no established relationship.

Personally I think they should wait for the DNA test to establish paternity. If the child is actually their GC, they should CALMLY approach the mother and ask if they could OCCASIONALLY visit AT MOM'S HOME.

Filing a GPV suit is a sure-fired way to alienate Mom. Not every family matter has to be combative.

Also keep in mind that the mother just lost the father to her newborn, she is suffering grief and hormonal changes. Give her time...She may welcome the emotional support that the GP's can offer...in time.

 

[LdiJ]

Grandparents do not have any kind of automatic rights where their grandchildren are concerned.

The have statutory rights, in limited circumstances to attempt to gain visitation rights.

MN's history is spotty and strange regarding gpv. Their statute is quite broad, and most case history on the subject is officially "unpublished".

From what I can see, the higher courts rarely reverse a trial court decision, but the trial court decisions are definitely NOT "cookie cutter".

However, in this case, paternity is not established and I am not sure how a judge could order mom to provide the child for a DNA test for anyone other than a potential parent.

 

[bridgemom]

Also keep in mind that even IF the child is their Biological GC...There is no established relationship.

Personally I think they should wait for the DNA test to establish paternity. If the child is actually their GC, they should CALMLY approach the mother and ask if they could OCCASIONALLY visit AT MOM'S HOME.

Filing a GPV suit is a sure-fired way to alienate Mom. Not every family matter has to be combative.

Also keep in mind that the mother just lost the father to her newborn, she is suffering grief and hormonal changes. Give her time...She may welcome the emotional support that the GP's can offer...in time.

(Thank you for the advice)

Well, what you mentioned above is EXACTLY what has happened. And now, unless the judge orders a DNA test (and I have no idea how likely that is to happen), they don't even know if it's their grandchild.

Any way you look at it, horrible situation for all involved. The child's mother and their son are/were teenagers.

 

[Peg0000]

I feel for your friend. Looks like you got good advice. I can't offer anything but prayers. Need a friend? you sound like a good one

 

[stealth2]

Makes sense when you put it that way, but I read that in some states special consideration was given when the parent was deceased. But like you mentioned, they aren't certain that the child is their son's.

That is usually when the grandparents already have an established relationship with the child. These grandparents... don't. I do feel for them, really I do. Perhaps they'd be wiser in playing nice with Mom. You always get more flies with honey than vinegar.

 

[The_Non-Mom]

I am very sorry for your friends' loss.

It sounds like everyone in this situation is acting from a place of extreme grief which is understandable. Like the other poster's mentioned, it would have been better for the GP's to try and play nice with Mom. But that ship has sailed.

Seniors - Is it possible for GP's to drop the case at this point?

OP - Would your friends be willing to drop their case now and try to calmly and quietly pursue a relationship with Mom and Baby after the child is born?

 

[stealth2]

Of course they can drop the case.

 

[Ohiogal]

(Thank you for the advice)

Well, what you mentioned above is EXACTLY what has happened. And now, unless the judge orders a DNA test (and I have no idea how likely that is to happen), they don't even know if it's their grandchild.

Any way you look at it, horrible situation for all involved. The child's mother and their son are/were teenagers.

A DNA test can be ordered using BOTH biological possible putative grandparents as DNA sources.

 

[ALGURLX1]

(Thank you for the advice)

Well, what you mentioned above is EXACTLY what has happened. And now, unless the judge orders a DNA test (and I have no idea how likely that is to happen), they don't even know if it's their grandchild.

Any way you look at it, horrible situation for all involved. The child's mother and their son are/were teenagers.[/QUOTE]

Is the mom a minor? It may not have anything to do with anything?