Grandparents' Rights to Custidy

[Ginny Moore]

Jurisdiction

New Jersey

My daughter has primary custody of her biological minor children. The birth father's parental rights were taken away by the court. My daughter has a fiancé who has been living in the house for 5 years. If my daughter should die before she & the finace marry, who is entitled to custody of the children? Can I as grandmother, age 75, be awarded custody? Can fiancé or stepfather be granted custody?

 

[army judge]

If my daughter should die before she & the finace marry, who is entitled to custody of the children?

Children and/or grandchildren are not property. Children are living, human beings. Children can't be inherited. However, a willing, competent, and capable relative can be awarded emergency, temporary, or permanent custody.

However, the answer to your query would be an eligible, willing relative of the child(ren) who stepped forward upon the death of your daughter.

The relative could be you, your daughter's sibling, an aunt, etc...

The unmarried male living in your daughter's home upon her death would not have any legal standing superior to yours to seek custody of the children, even if he were married to your daughter.

Yes, grandparents are regularly awarded custody of their grandchildren. They obtain custody for a myriad of reasons these days.

Again, stepfather or stepmother has no legal standing equal to or superior to yours, such that one or the other would be awarded custody. The various state child agencies and the courts seek to keep families intact, especially if a parent dies or is sentenced to a prison term.

 

[justblue]

My daughter has primary custody of her biological minor children. The birth father's parental rights were taken away by the court. My daughter has a fiancé who has been living in the house for 5 years. If my daughter should die before she & the finace marry, who is entitled to custody of the children? Can I as grandmother, age 75, be awarded custody? Can fiancé or stepfather be granted custody?

How old are the children?
What relationship do you have with the children...ie...Do you see them on a very regular basis (once/twice a week) ?
Why are you asking about this...is your daughter in ill health?

 

[zddoodah]

My daughter has primary custody of her biological minor children. The birth father's parental rights were taken away by the court.

Your use of the word "primary" here is a bit inconsistent with the statement about the father's rights being taken away. If all of his rights were taken away, then the mother should have sole, not primary, custody.

If my daughter should die before she & the finace marry, who is entitled to custody of the children?

Subject to the terms of the order by which the father's rights were taken away, the children likely would become wards of the court in the custody of the local child protective services authority.

Can I as grandmother, age 75, be awarded custody?

You certainly can seek custody, and your age, by itself, without any other information, would not prevent you from being awarded custody.

Can fiancé or stepfather be granted custody?

What stepfather? The fiancé could also seek custody. We have no information that we could use to assess his (or your) likelihood of success, except that you'd have a leg up because of your familial connection.

Out of curiosity, why do you ask? Do you have reason to believe your daughter might be headed toward a presumably untimely death?

 

[leslie82]

My daughter has primary custody of her biological minor children. The birth father's parental rights were taken away by the court. My daughter has a fiancé who has been living in the house for 5 years. If my daughter should die before she & the finace marry, who is entitled to custody of the children? Can I as grandmother, age 75, be awarded custody? Can fiancé or stepfather be granted custody?

Even if they were married, there's no guarantee he'd get considered for custody. Generally, the court is going to look to family to take custody.

Is there a reason you think your daughter might die before they get married? Is she sick? I understand people can die at any time, any moment but probably unlikely and there's no reason to worry about it. But yes you could try for custody especially if you have a healthy, consistent relationship with the child.

No one is "entitled" to any child though. Children aren't property.