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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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My sister passed away 3 years ago this October 29th, and

Customer Question

Hello - My sister passed away 3 years ago this October 29th, and left behind 2 young boys, she was engaged at the time and her fiance, as the boys, were very close to my family, often staying at my parents house during the weekdays. Since her passing he has met someone new, they are currently engaged, and our time with the boys has been less frequent, with unanswered phone calls, text messages and even stopped answering the door to allow us to see the boys. Our family went from having them almost full time, to 2 days a week, every week, and sometimes more days depending on the week and their dads schedule, to no time at all and no response to communication. What kind of rights can my family, specifically, my parents, fight for so we are able to continue to have a relationship with the boys (age 5 and 3). Are they able to fight for 50% parental rights in my sisters absence and due to the circumstances?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I am sorry to hear of your loss and your family is now enduring this situation.

Here is the Nebraska law which allows your parents, the grandparents to petition the court for Grandparent Visitation rights.

It states the following:

43-1802. Visitation; conditions; order; modification.

(1) A grandparent may seek visitation with his or her minor grandchild if:

(a) The child's parent or parents are deceased;

(b) The marriage of the child's parents has been dissolved or petition for the dissolution of such marriage has been filed, is still pending, but no decree has been entered; or

(c) The parents of the minor child have never been married but paternity has been legally established.

(2) In determining whether a grandparent shall be granted visitation, the court shall require evidence concerning the beneficial nature of the relationship of the grandparent to the child. The evidence may be presented by affidavit and shall demonstrate that a significant beneficial relationship exists, or has existed in the past, between the grandparent and the child and that it would be in the best interests of the child to allow such relationship to continue. Reasonable rights of visitation may be granted when the court determines by clear and convincing evidence that there is, or has been, a significant beneficial relationship between the grandparent and the child, that it is in the best interests of the child that such relationship continue, and that such visitation will not adversely interfere with the parent-child relationship.

(3) The court may modify an order granting or denying such visitation upon a showing that there has been a material change in circumstances which justifies such modification and that the modification would serve the best interests of the child.

And so I suggest they can go to the Clerk of the Court and ask for the Petition to file for Visitation - once that is done, they can serve the fiance.

Expert:  Samuel II replied 1 year ago.

Even if your parents are not the biological grandparents, they can file because they can show they had a relationship with the children. This is called Third Party visitation rights.

Expert:  Samuel II replied 1 year ago.

However, if they are not the biological grandparents, the court can deny the request as it has been ruled by the courts that the parent(s) have full autonomy on how their children will be raised. And so your parents may want to consider a local attorney to help them to prove that the non visits is detrimental to the health and well being of the children

Expert:  Samuel II replied 1 year ago.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you