Do I have any rights as a grandparent to visit my grandchildren if my daughter has passed away?

I want to visit spend time with my grandchild but my son-in-law will not allow me to see him.  My daughter has recently passed away in a car accident so it is a tough time for my grandchild.  My son-in-law and I do not get along. Do I have any rights as a grandparent to visit my grandchildren? I am in California.


Answers (1)

In the state of California, the California Family Code may be a good starting point for your research for grandparents rights to visitation of grandchildren.  

If either parent of a  minor child is deceased, the children, siblings, parents, and grandparents of the deceased parent may be granted reasonable visitation with the child during the child's minority upon a finding that the visitation would be in the best interest of the minor child.  In granting visitation pursuant to this section to a person other than a grandparent of the child, the court may consider the amount of personal contact between the person and the child before the application for the visitation order.

Moving forward, please consult with an elder lawyer to determine the best course of action to take in your case. 

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