Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

Do grandparents or in-laws have any right to the children?

Customer Question
Brother in law of deceased...
Do grandparents or in-laws have any right to the children? Brother in law of deceased sister is alienating the children from their grandparents and sister in law. he lives in ny and inlaws live in ca.
Submitted: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Customer reply replied 2 years ago
we have tried several times to ask him to try at least a once per week chat, but he always has an excuse or will not return our calls or texts.
Answered in 3 minutes by:
2/15/2016
Family Lawyer: Barrister, Lawyer replied 2 years ago
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 41,616
Experience: Attorney with 17 years experience
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

Are you saying that the mother has passed the the father is refusing to let the grandparent and aunt see any children?

.

Have the children lived with the grandparents or aunt for any amount of time?

.

.

thanks

Barrister

Ask Your Own Family Law Question
Customer reply replied 2 years ago
Hello, thank you. Yes, my sister passed away 4 months ago in NY where they live and bro in law says that he doesn't want the 9yo & 4yo to have contact w/grandmother for fear that she will be too emotional and ruin any progress the kids have made w/their grievance counselor. It's been a month since any contact with them via Skype or phone and he has only sent 1 picture. His ultimatum is that grandmother goes to therapy before he'll let her speak w/grandkids. We live in CA and the kids have never lived w/us. I, deceased sister, am a Godmother to one of the kids. We are wanting to know what rights we have to communication w/the kids, if any.
Customer reply replied 2 years ago
We also have no emergency contact info for the kids. There are 1 or 2 nannies but he will not give us their contact info.
Family Lawyer: Barrister, Lawyer replied 2 years ago

Ok, thank you for that information. Very simply, grandparents can petition for visitation in limited circumstances, but other relatives like aunts or uncles have no such rights.

.

Under NY law, grandparents can file for visitation if one parent is deceased. The only other condition that is mentioned in the statute is "where circumstances show that conditions exist which equity would see fit to intervene."

.

So basically if it would be unfair to the grandparents and the grandchildren not to see each other where one parent was deceased, the court can grant visitation as long as the judge thinks it is in the "best interests of the child", which is the standard that they use..

.

If grandparents wanted to pursue this, then they would have to file a formal visitation action in family court in NY to request a visitation order from the judge setting up a schedule.

.

,

thanks

Barrister

Ask Your Own Family Law Question
Customer reply replied 2 years ago
Well, grandmother isn't healthy enough for travel at this time, and likely won't be. She's not in great health to begin with. So does this mean that due to the distance there is no chance that we can at least get calls or pictures, or letters? And even though i am Godmother to the 9yo, i have not rights except in the church?
Family Lawyer: Barrister, Lawyer replied 2 years ago

So does this mean that due to the distance there is no chance that we can at least get calls or pictures, or letters? And even though i am Godmother to the 9yo, i have not rights except in the church?

.

Unfortunately, the answer is yes to both questions. The only state with jurisdiction is NY, so any action would have to be filed there. And a Godparent doesn't have any legal standing at all as this is a symbolic position..

.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

.

thanks

Barrister

Ask Your Own Family Law Question
Customer reply replied 2 years ago
no problem, i understand. is there no one that can petition for her in NY?...as a representative?
Family Lawyer: Barrister, Lawyer replied 2 years ago

She could hire an attorney, but she would eventually have to actually appear in court for any hearings on the matter in front of the judge..

.

.

thanks

Barrister

Ask Your Own Family Law Question
Customer reply replied 2 years ago
Ugh, ok. thank you!
Family Lawyer: Barrister, Lawyer replied 2 years ago

You are very welcome. Glad to help even if the news was kind of lousy..

.

.

thanks

Barrister

Ask Your Own Family Law Question
Was this answer helpful?
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 41,616
41,616 Satisfied Customers
Experience: Attorney with 17 years experience

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

41,616 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
how can cps take a newborn away from its legal mother at the
how can cps take a newborn away from its legal mother at the hospital after birth and put them in a foster home, even though the child and mother tested clean on a drug test? They do have a case as th… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
My ex-husband is moving in with his girlfriend and I requested
My ex-husband is moving in with his girlfriend and I requested that he not leave our 2 children ages 2 and 5 alone with her. I feel it is his parenting time and he should be with the children at all t… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,872 satisfied customers
Visitation rights of an Aunt & Uncle
Aunt & Uncle had temp. custody for 21/2 yrs. Relationship between mother and them became strained during this time. Says they kept her from her son at times and other things. Now mother doesnt want th… read more
Lawgirl
Lawgirl
Founder
Doctoral Degree
4,606 satisfied customers
If granted visitation can a father only take some of the
If granted visitation can a father only take some of the children and not all during a visitation? … read more
Juliana
Juliana
Attorney at law
Doctoral Degree
18 satisfied customers
If there is a visitation order in place and the non
if there is a visitation order in place and the non custodial parent has skipped the last 2 weeks .and now he wants his visitation to start.when it actually started april 23rd do i have to let my chil… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,848 satisfied customers
If the non-custodial parent forfeits a visitation, is the
If the non-custodial parent forfeits a visitation, is the custodial parent required to provide a "make-up' visitation time? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
The mother of my daughter has refused me visitation time
The mother of my daughter has refused me visitation time until we go to court we were never married. She states I can only see her in her home but the home she is in is hostile and the mother has stat… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
Im noncustodial mother with overnight visitation rights that
Im noncustodial mother with overnight visitation rights that since final trial ended my visitations haven't been met. The reason keepers on changing till couple months ago stating I'm not falling orde… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,574 satisfied customers
Is it legal for mother to visit Child at Daycare or school
Is it legal for mother to visit Child at Daycare or school during dad”s custodial time? I haven't seen my son for 4 days and I really miss him. I planned to see him briefly and give him a toy. Would i… read more
Jessica B
Jessica B
Juris Doctor
1,036 satisfied customers
My grand daughter was visiting other grand mother,her
My grand daughter was visiting other grand mother,her daughter is deserved. My son got picked up on a warrant, judge in Ohio gave me temp custody and other grand mother in every refused to give her ba… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,224 satisfied customers
Do grandparents have visitation rights the mother and her
Do grandparents have visitation rights the mother and her daughter lived with us for 4 years and also the 3 year old who is our biological? … read more
Jessica B
Jessica B
Juris Doctor
1,036 satisfied customers
Was just wondering the specifics of visitation at mothers
Was just wondering the specifics of visitation at mothers discretion … read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,460 satisfied customers
Does a gran mother have the right for visitation with gran
Does a gran mother have the right for visitation with gran sons? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
I live in Montgomery County Texas. How can I get temporary
I live in Montgomery County Texas. How can I get temporary custody of our 3 year old son before she does?… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
My sister and her husband live in Florida and have had a horrible
My sister and her husband live in Florida and have had a horrible problem with Judge Dawn Nichols regarding care of her husbands 13 and 15 yr old. children. She refused to let the father present any e… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
In kansas, when a pfa is filed and the plantiff violates it,
In kansas, when a pfa is filed and the plantiff violates it, nothing can happen. Correct? The plantiff files a modification, and doesn't show for court, does the original order take effect? There has … read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
I live in Florida and have a court ordered visitation agreement
I live in Florida and have a court ordered visitation agreement with my ex. Yesterday I went to pick up my 16 year old daughter, who refused to come. Her mother stayed neutral and said it was between … read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
Sibling Visitation rights
My father passed away in August. My step-mother is moving from Michigan to Tennessee to keep my 7 year old brother away from his siblings. What rights do my sisters & I have to gain visitation. They l… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,712 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x