Visitation Rights for Grandparents whose daughter has died

[GAnderson1953]

What is the name of your state? South Carolina

My daughter unexpectedly died in September/04. She and her husband were separated at the time but not legally. She had custody of their five year daughter. Since my daughter's death she has been with her father. He does not let my husband, myself or our youngest daughter have visitation rights with our grandchild. The last time I saw her was at Christmas at his mother's house for about an hour. We feel that our grandchild is all we have left of our daughter and are very hurt and discouraged with the way he is acting. He has recently remarried. There was some animosity towards us at the time of her death because of the separation but we have tried to be amenable to his wishes since. Do we have any legal recourse at all?

 

[BelizeBreeze]

What is the name of your state? South Carolina

My daughter unexpectedly died in September/04. She and her husband were separated at the time but not legally. She had custody of their five year daughter. Since my daughter's death she has been with her father.

that is the person who now has legal custody.

He does not let my husband, myself or our youngest daughter have visitation rights with our grandchild.

that is his right.

The last time I saw her was at Christmas at his mother's house for about an hour.

then your previous statement was incorrect.

We feel that our grandchild is all we have left of our daughter and are very hurt and discouraged with the way he is acting.

He is acting to enforce his rights.

He has recently remarried.

Irrelevant

There was some animosity towards us at the time of her death because of the separation but we have tried to be amenable to his wishes since. Do we have any legal recourse at all?

At the present time in South Carolina, you have very few rights. You must show that visitation is in the best interest of the child and since you never mentioned any history of a relationship sufficient to support such a showing, you do not have a right to deny the father's constitutional rights.

 

[fairisfair]

Grandparent Rights to Visitation: None specified in the statute. Case law states that grandparents must show exceptional circumstances to get court-ordered visitation. Title 20, Section 20-7420 (C.L.S.C. § 20-7420).

 

[awillman]

exceptional circumstances

Grandparent Rights to Visitation: None specified in the statute. Case law states that grandparents must show exceptional circumstances to get court-ordered visitation. Title 20, Section 20-7420 (C.L.S.C. § 20-7420).

why would FAMILY need "exceptional circumstances? So, the state allows this 5 yr old to just be further traumatized by not seeing his grandparents he has known for his lifetime? BS

 

[Ithildriel]

why would FAMILY need "exceptional circumstances? So, the state allows this 5 yr old to just be further traumatized by not seeing his grandparents he has known for his lifetime? BS

I know that you are new here, and you are researching grandparents rights due to a traumatic event , but recalling an old thread like this because you don't like what was told to the original poster is inappropriate.

Grandparents rights vary from state to state. OP is in South Carolina. Your grandchild is in Indiana I believe. You should google grandparents rights for that state. The rights of grandparents in South Carolina have no impact on you.

 

[stealth2]

Irecalling an old thread like this

A 10 day "old" thread is hardly old.

 

[fairisfair]

why would FAMILY need "exceptional circumstances? So, the state allows this 5 yr old to just be further traumatized by not seeing his grandparents he has known for his lifetime? BS

That is the law, if you don't like it, change it. Would you prefer that incorrect information was given, just so as to not hurt your feelings?

 

[Ithildriel]

A 10 day "old" thread is hardly old.

Yes, but that wasn't the point of my post.

See I can roll my eyes too!