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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33148
Experience:  Began practicing Family Law in 1992
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My husband is currenlty hospitalized and will likely be soon

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My husband is currenlty hospitalized and will likely be soon classified as disabled. It is also possible that he may die due to his recent aneurysm. What rights do my husband's parents have to visitation with their grandson, should my husband die or be classified as disabled?

They live in New Jersey and we have lived in Massachusetts for the past 5 years. My son is now 7, so during the past 5 years they have generally visited him briefly for about 7 days a year on average, consisting of 2 to 3 visits over the year that are ususally for about 2 days at a time.

My husband had been estranged from his father for many years in the past and we were considering slowly cutting them out (since the divorced mother and father of my husband now will only appear as a pair or not at all, according to my mother-in-laws wishes). We were considering phasing them out prior to my husbands aneurysm as he investigated problems concentrating and talking with a phychiatrist brought to light recently how painful conctact and communication with his parents still remained to my husband.

Do my inlaws (my son's divorced paternal grandparents) have any legal rights to vistiation to my son when (a) my husband is still alive? (b)my husband is still alive, but considered disabled? (c) should my husband die?

regards,
Ellen Randolph
First, our condolences on your situation.

Do my inlaws (my son's divorced paternal grandparents) have any legal rights to vistitation to my son when (a) my husband is still alive?

No, no rights to visit grandchildren while husband is alive.

(b)my husband is still alive, but considered disabled?

Same as a. The courts have not determined that grandparent's have any more rights when a parent is disabled than when they are not. This may change one day, but the current trend is to limit grandparent's rights, not expand them.

(c) should my husband die?

If he passes away then they can petition the court for visitation but until the court grants it they do not have any rights. The best interests of the child must be considered, but no factors are given by statute for determining those best interests.


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Customer: replied 5 years ago.
What about keeping my in-laws from visiting my husband in the hospital, when I know it will upset him and he is in no condition to state this outloud himself, or call out to a nurse to have them removed should they appear in his hospital room?
They don't have a particular right to visit just as you don't have a particular right to stop them from visiting. That is mainly up to the hospital once you express your wishes. They DO NOT have the right to his medical records.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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