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    Atonia1's Avatar
    Atonia1 Posts: 1, Reputation: 1
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    #1

    Oct 17, 2008, 04:32 PM
    My son is now dead, the mother refuses to let me see my grandson, what are my rights?
    My son and his live in girlfriend had a son (out of wedlock). The two of them had separated and my son (by his own will) went down and started the child support and was trying to get paternity established. Before paternity could be established, my son committed suicide. I started sending the mother of my grandson child support to help out. We had made arrangements so I could see my grandson. I flew up to the state where she was living and was denied visitation. I hired an attorney and we went to court. The judge dismissed my case because paternity wasn't established, the mother wouldn't agree to establish paternity through my DNA. I was also given the fact that since I am the paternal grandparent, I have no rights to see the child. I have been living not knowing this child and I have even moved to the state where the child is living to try and get this settled. Is there anything I can do? Is there a law in another state that allows Paternal Grandparents rights... I will go as far as trying to change the law however I need to know that another state allows these rights. Please, any advice would be helpful. Thanks!
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #2

    Oct 17, 2008, 05:27 PM

    What state are you in? A few states have grandparend rights and many don't. You can't go to another state to try to force rights because the child's state of residency or where the child was born has jurisdiction.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Oct 17, 2008, 05:38 PM

    Yes some states do, but what other states allow really does not matter, you have to file in the state where the child is living with the mother, so the laws of that state applies.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #4

    Oct 17, 2008, 06:35 PM

    The only other out you may have is if she has moved recently to a different state then from where the child was born. If she hasn't established residency in the new state and the old state has grandparent rights there may be a loop hole to jump into. At this point anything you do should be with a lawyer at your side. Also she may want to establish paternity as it would give the child benefits assuming your son had been working for a period. ( survivior benefits ). Sorry for your loss.
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