what kind of rights for grandparents

[lukeskywalker]

our daughter was killed three years ago and her husband witch wasnt that good of one took her son to new york her other son is still in delaware now he agreed to us for the summer and every other holiday and he is not doing that do we have any rights in delaware to see his brother that livres in new york ? thanks

 

[irish223]

Both New York and Delaware statutes address the rights of grandparents to have visitation under certain circumstances. Since the child lives in New York, you will probably have to file in New York.

You will also need an attorney. The burden of proof that grandparent visitation (against the parent's wishes) is in the child's best interests falls on the grandparent.

 

[lukeskywalker]

well there home was in delaware because he was in the air force they were separated they lived in de when she died he came down and took his son and his brother is still in de from someone else. does his brothewr has rights to see him

 

[lukeskywalker]

he also agreed that we have him for smmer add holidys witnesses too

 

[lukeskywalker]

his mother doesnt want that because she cant see his brother

 

[irish223]

Unfortunately, it doesn't matter that there were witnesses. Without a court order, it is his decision alone.

If he has lived in New York long enough to establish residence, then I think you will have to file in New York. If he's only been there a short time (a couple of months), then you could file in Delaware.

The other child has no legal relevance to your situation.

You really need to consult an attorney. If you can find one locally who will give a free initial consultation, you can find out for sure where you will have to file.

Good Luck! I hope you're able to work something out.