I hope someone can give me some information on this matter. A friend gave birth to a boy after the father died. The deceased fathers mother is now suing for visitation. The child is only 2mos. old. She is demanding a DNA test to prove her son is the father. This woman has mental problems. While my friend was pregnant,she told my friend the child was not her sons and wanted nothing to do with her or the baby. Now, she wants visitation rights as her son would have had, every other weekend. Does any one know how this works? Could she be awarded every other weekend considering the child is an infant? What kind of rights do grandparents have in a situation such as this? How will paternity be established if the father is dead. He died over a year ago. Any information would be extremely helpful. Thanks!
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grandparents visitation rights in ohio
- Thread Starter ohiomom
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It is possible to establish paternity after death. Morgues generally keep a sample of the DNA. Your friend is also eligible for Social Security survivors benefits. What state are you in? It is extremely unlikely she will get much visitation if any at all. You can certainly dispute it and say you would like for the child to be a little older before visits take place, but she may not get any at all.
Most states do not have g-parents visitation law. It is actually pretty rare that a g-parent gets court ordered visits. In this case, she has no established relationship with the child. In cases where a g-parent raised a child, or had custody at one point, it is more common. Your friend can certainly dispute this with the comments the g-parent made. She might want to check with an attorney
lonelyinny
New Member
grandma is out of line
she has no legal standing to demand a paternity test. this is not her child
she has no legal standing to demand a paternity test. this is not her child
jharris352
New Member
This is quite an interesting question. Who does have standing to seek to establish paternity?
I would agree the Grandparents may not be able to challenge paternity for on behalf of their deceased adult by filing Ex Rel. However the son's estate, if not yet disolved would have standing to test for paternity because his biological children would have the right to inherit from him if he died intestate.
As for visitation, Ask. That's about as good as you can do. Unless you can challenge the Mother for custody. If you can mount a case that she is unfit, it would also give you standing to establish paternity suing Ex Rel to the child.
In law, there is almost always a way dear Linny.
Actuallt you are wrong. GM actaully has standing to sue for visitation per OH statute.
jharris352
New Member
Well, nice catch there Baystate!
In OH though unmarried fathers have NO rights at all without a court order. So paternity will have to be established. I have no idea how this works when the father is deceased. I do not even know if Grandma's DNA can even be used to prove her son fathered th child. I suggest the original poster contact an attorney.
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