Grandparents' Rights

[ReclaimingMyLife]

I have a dear friend who lost her son one year ago.  His wife refuses to let my friend see her grandsons.  I do not know his wife personally but have heard the horror stories through the years and suspect some PD (or serious traits) at play.

Any advice/experience/suggestions on pursuing grandparents' rights through the court system?  Is there such a thing?  Does it work?  or is it impossible to enforce without continually going to court?  She lives in Georgia. 

Would love your input to share with her.

Thanks!

[ForeverDad]

Georgia is a state that gives mothers near total authority at the start if the parents weren't married.  Since they were married, that should not be an issue.  I suspect it is an entitlement/control issue with the widow?  Frankly, a person can often get more through the court than by cow-towing to the other person who is stubborn, entitled or controlling.  Of course it is best to start nice and see how far that works rather than rush to court too quickly, which is clearly what she has tried thus far.  Did they get along before he died?  From what you wrote, apparently not.  I'm thinking a year is more than enough time to have tried the nice way, her only alternative now is probably court.  She should find an experienced attorney who can provide her with legal advice.  She shouldn't wait too long, her "window of opportunity" to resume her relationship with her grandchildren is probably closing.

www.grandparents.com/family-and-relationships/grandparents-rights/grandparent-rights-united-states

GEORGIA - The custody statute does not list specific factors for the court to consider for determining the best interest of the child. A court may award visitation rights... .

Did she see her grandchildren previously before he died and have a relationship with them?  I know a couple from my state whose son died in a tragic accident.  They had been estranged from him most of the time and so seldom if ever saw their grandchild.  He had never married his GF either.  So after his death the mother blocked them and when they took it to court the court ruled that since the child was not a product of a marriage and they didn't have a relationship with the child then they had no grandparent rights.  They were so devastated.  In their case the court was unhelpful.

[ReclaimingMyLife]

Thank you, ForeverDad!  I was hoping for you might chime in

Her son was separated from his wife at the time of his death.  When the wife left him, she took the boys with her to an apartment.  I *believe* her son stayed in the marital property where my friend occupied the basement/mother-in-law suite (and had for at least some of the marriage). As such, she had been very much involved in their lives.  I would imagine on a daily basis for some of the time (don't know how long they were all in the marital property together).  She has not seen them since the funeral.  She said she's been sending birthday, Valentine's Day, Christmas cards, etc. 

FYI, the wife evicted her from the mother-in-law suite immediately after his death.

I can only imagine how much these grandsons need my friend, their grandmother, in their life. 

Thanks for the great input... .especially the part about the limited window of opportunity.  I will pass it on immediately.

Anyone else had any experience actually pursuing this? 

Love the input.  Many thanks!