Jump to Navigation

Grandparents fight for right to see their deceased son's child

Thumbnail image for 20156079_S.jpgA 4th District Appellate Court has upheld a trial judge's decision to allow a set of grandparents to be able to have their grandchild stay with them every other weekend. However, the battle is not over for these grandparents as now they have to wait and see what happens with the four contempt of court petitions they filed since the mother and child have now moved out-of-state.

The entire child visitation ordeal stems back to November of 2008 when the father was shot and killed by his estranged wife's grandmother. In that case, the now 75-year-old grandmother is serving a 70 year sentence for the murder.

However, it is believed that before the slaying the mother was not allowing the father to have court-ordered non-supervised visits with his daughter, and that the killing even happened the night before a judge was expected to grant the father even more visitation rights with his little girl.

Throughout, the girl's grandparents have being trying to be an active part of their grandchild's life, and decided to take the mother of their grandchild to court for visitation rights. From there a judge did rule in favor of the every-other-weekend agreement, however, since then the mother moved out of state, and the child was not with her grandparents during the court-ordered weekend visits.

According to sources, after missing two weekends in November and December the mother did text message the grandparents - who live in Illinois - to let them know that she and her daughter did move out of the state, but that they were free to come visit. When they asked where the two were living, the grandparents reportedly heard nothing back. Now it's known that she is living in Florida.

Throughout this ordeal the mother of the child was also attempting to have the trial court's decision overturned, however an appeals court did support that the grandparents have visitation rights every other weekend, which the grandparents intend to uphold - even if the two are living out of state.

And while this case happens between Illinois and Florida, a similar case could present itself in a state like Missouri where there are laws protecting grandparents' rights. In cases where one parent is deceased - or even if parents are just divorced - grandparents do have legal rights to see their grandchild, and can take legal action if they are being denied visitation.

Source: Jacksonville Journal-Courier, "Appeals court sides with grandparents in Watkins visitation," Maria Nagle, 7 Feb 2011



I visited your site, and I LOVE that you have a website that talks about Child Custody.
Thanks so much and take care,

Leave a comment
Comment Information
Do You Have A Case?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Subscribe To This Blog's Feed Visit Our Family Law Website Divorce Headquarters ® App Podcast
At Stange Law Firm, PC, we offer prospective clients a free half-hour (thirty minute) consultation.
Our Office Locations

Stange Law Firm, PC
400 S. 9th Street, Suite 100
Springfield, Illinois 62701
Phone: 217-717-8605
Fax: 217-717-2948
Map and Directions

Stange Law Firm, PC: St. Louis County Office
1750 South Brentwood Boulevard, Suite 401
Saint Louis, MO 63144
Phone: 314-963-4700
Fax: 314-963-9191
Map and Directions

Stange Law Firm, PC: West County Office
16024 Manchester Road, Suite 103
Ellisville, Missouri 63011
Phone: 636-200-6400
Fax: 636-200-6401
Map and Directions

Stange Law Firm, PC: Jefferson County (Arnold) Office
16 Municipal Drive, Suite C
Arnold, MO 63010
Phone: 636-296-3060
Fax: 636-296-2744
Map and Directions

Stange Law Firm, PC: Lincoln County in Troy, Missouri Office
20 Centerline Drive
Troy, Missouri 63379
Phone: 636-487-0088
Fax: 636-487-0089
Map and Directions

Stange Law Firm, PC: St. Charles Office
2268 Bluestone Drive
St. Charles, MO 63303
Phone: 636-940-5900
Fax: 636-940-5906
Map and Directions

Stange Law Firm, PC: Union Office
5 South Oak Street
Union, Missouri 63084
Phone: 636-388-0700
Fax: 636-388-0701
Map and Directions

Stange Law Firm, PC: St. Louis City Office
3115 S. Grand Blvd.,
Suite 350B
St. Louis MO 63118
Phone: 314-499-8340
*By Appointment Only
Map and Directions

Stange Law Firm, PC: Belleville Office
115 Lincoln Place Court, Suite 101
Belleville, IL 62221
Phone: 618-310-3711
Fax: 618-310-3712
Map and Directions

Stange Law Firm, PC: Edwardsville Office
6 Club Centre
Suite A
Edwardsville, IL 62025
Phone: 618-307-7100
Fax: 618-307-7101
Map and Directions

Stange Law Firm, PC: Waterloo Office
116 W. Mill Street
Waterloo, IL 62298
Phone: 618-208-0587
Fax: 618-310-3712
*By Appointment Only
Map and Directions

Pay Your Bill Online