Do I Qualify To Have Any Rights As A Grandparent

My wonderful daughter died last year and left three young children. We were very close and I helped them out financially and baby sat with the children whenever she needed me to. Since her death, her husband doesn't seem to want me to see the children. I have not been invited over to their new home which was purchased since my daughter died. It is very embarrassing to find myself in this situation and I have no idea what I might have done to have this happen.:confused:

I have never gone to court over anything and I certainly don't want to start now, but I also want to be able to see my grandchildren who I love dearly. If it comes down to it, would I have any legal rights to see my grandchildren?

What state are the grandchildren in?

I'm sorry I neglected to put the state. We are located in Arkansas.

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Quoting gds21

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My wonderful daughter died last year and left three young children. We were very close and I helped them out financially and baby sat with the children whenever she needed me to. Since her death, her husband doesn't seem to want me to see the children. I have not been invited over to their new home which was purchased since my daughter died. It is very embarrassing to find myself in this situation and I have no idea what I might have done to have this happen.:confused:

I have never gone to court over anything and I certainly don't want to start now, but I also want to be able to see my grandchildren who I love dearly. If it comes down to it, would I have any legal rights to see my grandchildren?

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:( im so sorry about your daughter. i hope everything works out for you, and the father does the right thing, and lets you see the kids.

The Arkansas grandparents' rights statute which appears applicable to your case says:

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Quoting Arkansas Code § 9-13-103. Visitation rights of grandparents when the child is in the custody of a parent.

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(a) For purposes of this section:

(1) "Child" means a minor under the age of eighteen (18) of whom the custodian has control and who is:

(A) The grandchild of the petitioner; or

(B) The great-grandchild of the petitioner;

(2) "Counseling" means individual counseling, group counseling, or other intervention method;

(3) "Custodian" means the custodial parent of the child with the authority to grant or deny grandparental visitation;

(4) "Mediation service" means any formal or informal mediation; and

(5) "Petitioner" means any individual who may petition for visitation rights under this section.

(b) A grandparent or great-grandparent may petition a circuit court of this state for reasonable visitation rights with respect to his or her grandchild or grandchildren or great-grandchild or great-grandchildren under this section if:

(1) The marital relationship between the parents of the child has been severed by death, divorce, or legal separation;

(2) The child is illegitimate and the petitioner is a maternal grandparent of the illegitimate child; or

(3) The child is illegitimate, the petitioner is a paternal grandparent of the illegitimate child, and paternity has been established by a court of competent jurisdiction.

(c)

(1) There is a rebuttable presumption that a custodian's decision denying or limiting visitation to the petitioner is in the best interest of the child.

(2) To rebut the presumption, the petitioner must prove by a preponderance of the evidence the following:

(A) The petitioner has established a significant and viable relationship with the child for whom he or she is requesting visitation; and

(B) Visitation with the petitioner is in the best interest of the child.

(d) To establish a significant and viable relationship with the child, the petitioner must prove by a preponderance of the evidence the following:

(1)

(A) The child resided with the petitioner for at least six (6) consecutive months with or without the current custodian present;

(B) The petitioner was the caregiver to the child on a regular basis for at least six (6) consecutive months; or

(C) The petitioner had frequent or regular contact with the child for at least twelve (12) consecutive months; or

(2) Any other facts that establish that the loss of the relationship between the petitioner and the child is likely to harm the child.

(e) To establish that visitation with the petitioner is in the best interest of the child, the petitioner must prove by a preponderance of the evidence the following:

(1) The petitioner has the capacity to give the child love, affection, and guidance;

(2) The loss of the relationship between the petitioner and the child is likely to harm the child; and

(3) The petitioner is willing to cooperate with the custodian if visitation with the child is allowed.

(f)

(1) An order granting or denying visitation rights to grandparents and great-grandparents shall be in writing and shall state any and all factors considered by the court in its decision to grant or deny visitation under this section.

(2)

(A) If the court grants visitation to the petitioner under this section, then the visitation shall be exercised in a manner consistent with all orders regarding custody of or visitation with the child unless the court makes a specific finding otherwise.

(B) If the court finds that the petitioner's visitation should be restricted or limited in any way, then the court shall include the restrictions or limitations in the order granting visitation.

(3) An order granting or denying visitation rights under this section is a final order for purposes of appeal.

(4) After an order granting or denying visitation has been entered under this section, the custodian or petitioner may petition the court for the following:

(A) Contempt proceedings if one (1) party to the order fails to comply with the order;

(B) To address the issue of visitation based on a change in circumstances; or

(C) To address the need to add or modify restrictions or limitations to visitation previously awarded under this section.

(g)

(1) A court may order mediation services to resolve a visitation issue under this section if:

(A) Mediation services are available;

(B) Both parties agree to participate in mediation services; and

(C) One (1) or both of the parties agree to pay for mediation services.

(2) Records, notes, reports, or discussions related to the mediation service shall not be used by the court to determine visitation under this section.

(h)

(1) A court may order counseling to address underlying matters surrounding the visitation issue under this section if:

(A) Counseling is available;

(B) Both parties agree to participate in counseling; and

(C) One (1) or both of the parties agree to pay for counseling.

(2) Records, notes, reports, or discussions related to the counseling shall not be used by the court to determine visitation under this section.

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Thank you so much. I'm hoping that things improve and will do anything to work things out. My grandchildren are all I have left of the wonderful daughter I loved so much.

Sounds like he's trying to hide something from you...maybe he's embarrassed about something. Either way the children have already lost their mother they dont need to lose you to. If he isnt more reasonable soon, ask him if he will attend mediation with you for the childrens sake. If he wont, sue him for visitation. Lots of us loving, stable grandparents are winning in court.
I let my grands know I love them more than anything in this world and I didnt lie. It keeps them going while they are treated miserably by their mother and her boyfriends. Unfortunately she uses the children to get back at people not caring what effect it might be having on them ex: doesnt let them see me if she feels like im too concerned about their not getting medical, dental care, not fed properly, no help with homework or attending school conferences or graduations, sent to their room right when they get home from school..Its a story I hear so much now, it makes me so angry and so sad for the kids. We've got a huge new generation of very selfish, controlling young people (not all of them of course)...I feel so bad for their children. When the family (including extended family) was intact and important these issues were hardly ever heard of and children grew up so much more well rounded. They've done studies and proven how much it benefits children to have loving grandparents in their lives....this world has gone crazy!
Praying alot for the children and grandchildren in this world. God Bless and write again if you have any new news.

P.S. Just spoke with a grandparent rights attorney here in San Diego. He's winning over 75% of his cases for grandparent visitation :)

I thought you were in Arkansas.

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Quoting aaron

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I thought you were in Arkansas.

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Isn't San Diego in Arkansas?