Grandparents Rights When Their Child Dies

It is unfortunate to lose your child - whether it isthey lost: their grandchild (ren).
suddenly due to accident, or even after aBoth parents have died. Not only have you lost
long-term illness.your son or daughter, but you have also lost a
The hope is that your child has made the properlyson- or daughter-in-law. Here you have double
arrangements for care of his/her children so thatgrief compounded with anguish over what will
you - as the grandparent - can continue.happen with your grandchild (ren). If there is
Unfortunately, that is too often not the case.another set of grandparents involved, make a
What are the possible scenarios and solutions?connection with them to not only offer support to
Your child has died, but the other parent has not.one another, but also discuss your grandchild (ren).
Depending on the type of relationship you have,If there are aunts/uncles that seem like parent
keep your involvement with your grandchildren aspossibilities for your grandchild (ren), be open to
it was before. However, do realize it may change.those discussions. The most important factor to
Your daughter- or son-in-law in now alone and istake into account during this time is the well-being
grieving. During this time of your own grief, beingof your grandchild (ren). Therefore, don't rush into
with your grandchild(ren) more often may be adecisions and that whatever decisions are made,
comfort to you, and help to the partner leftare legal.
behind.If you find there is a battle ensuing over custody
If the other parent and your child had an- by either the other grandparents or family
estranged relationship, the death of your childmembers (e.g., brothers/ sisters who are the
may actual help the situation in that theuncles/aunts of the child (ren)) - hire an attorney
tug-of-war may be gone (sad as that mayas soon as you feel that your rights may be
sound). Try to follow the remaining parents leadoverlooked. Even if both parents awarded
on this.custody to someone other than you, you do still
The other parent dies, and your child remains.have the right for visitation. While it may be
This is identical to the situation described above -unfortunate that a court has to make this
only the roles are reversed. No matter what yourdecision, you must think of what's best for your
feelings about the parent who has died (yourgrandchild (ren) - and for you.
daughter- or son-in-law) or his/her family, otherIt is a tough line to walk if any of these situations
people still need to be included in your grandchildhas transpired. Realizing that it might seem
(ren)'s life. Unless you have serious, sustainablemonumental now, time does heal all wounds, and
doubts about someone's ability or intentions withthe law in our side. Do what must be done for
your grandchild (ren), help them during this time ofthe sake of your grandchild (ren). Grandparent
grief and allow them to hold on what they docustody rights should never be overlooked.
have remaining in the life of the son or daughter