If my son recently died, what are my rights to continue to see my grandchild?

UPDATED: Nov 17, 2011

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If my son recently died, what are my rights to continue to see my grandchild?

We live in LA.

Asked on November 17, 2011 under Family Law, Louisiana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In LA, grandparents may be awarded visitation rights if their child (the parent of the grandchild in question) has died. As always, the court can grant such visitation in its discretion; it must consider the "best interests" of the child. Such factors reviewed in making its determination are: the relative's ability to provide needed guidance; the preference of the child (if the child is able to express a preference); the relative's willingness to promote the child's relationship with the parent; and the mental and physical health of both the child and the relative.

At this point, you need to consult directly with a family law attoreny in your area. They can more fully explain your rights.

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