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Grandparents' Visitation Rights


If my son or daughter dies and their spouse is denying me visitation to my grandchildren, do I have any rights?

Generally, the Court is required to presume that the surviving parent's determination regarding visitation for the grandparents is in the child(ren)'s best interest. However, sometimes there is hard feelings between the surviving parent and the grandparents and the surviving parent may refuse or den visitation. If this occur, the Court will consider whether the patent objections are both reasonable and credible. That is, if there is no issue to the child's health, safety or welfare, the Court may permit visitation despite the surviving parent's objection. In addition, if the surviving parent's objection is to the schedule requested rather whether visitation should occur or not, the Court will likely make an order that visitation is in the child's best interest. Have you recently lost your child and want to ensure your visitation rights with your grandchild? Contact Covina visitation attorney, Paul Eads today.

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