Hi, my mother received grandparents rights 5 years ago with my daughter (consisting of 1 saturday per month for 8 hours.) She recently (approx. 7 months ago) ceased making my daughter go with her. She agreed to let her come on her own will. I have never told my daughter she couldn't see her. My daughter did not go with her at all from that time forward. If something were to happen to me and I was no longer living, could my mother have any legal rights to my daughter other than whats already been granted her?
Hello,
Her rights would be the same as any grandparent regardless of the rights already granted by the courts. When and if you should pass she would have the right to petition the courts for custody of the child as well as any other interested party such as the father, other family members, or the other grandmother.
You can help the case by making your wishes know though a will that can be used by the person you wish to have custody of the child. They can use this in court to show the judge the desires of the deceased. The judge will then make a ruling based on the best interest of the child.
Walter
Reply to Walter's Post: Would her rights be any greater because she has a standing court order? Can you also tell me whether their is a time frame that an order can be revoked without having to go to court, due to her not getting my daughter when she has a court order in place?
No her rights would be no stronger then anyone else's. In the end it is up to the judge. As far as revoking her order, you can petition the courts to revoke the order if she is not taking the time granted but this is often denied as long as the grandmother can prove contact such as emails, letters or phone calls.