If a loved one has recently passed away, leaving a spouse and children behind, you may be able to obtain an order from the court allowing you to continue seeing the children. Often times, the surviving husband or wife allows for visits between their children and relatives of their recently deceased spouse. However, if the other parent is now preventing you from seeing the children, you may be able to get a court order granting you visitation.
Under Family Code Section 3102, 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.
When determining the best interest for the minor child, the court must consider the amount of contact between you and the child prior to your request for a visitation order. In addition, the best interest of the child must be weighed against the constitutional rights of the other parent and their ability to make decisions for their children.
A child custody or visitation matter can be very technical and complex. Let an experienced family law attorney review your case and assist you in solidifying a court visitation order. The law firm of Wallin and Klarich is prepared to answer your legal questions and is immediately available to assist you with your case. Contact us today at 888-280-6839 for additional information.
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