Q: My sister passed, leaving 2 children. Her EX (narcissistic, controlling & abusive) husband won't let her family see them
Do the grandparents have rights, & would her siblings (being their Aunts) have any rights to see them? He is upset because she left her father in charge of her estate, as well as life ins policies, vs her EX husband (whos extra marital affair was the reason they divorced, is still going on, in addition to a illegitimate child just being born.) My sister wanted to make sure her life insurance went to get kids and obviously trusted her family more than the man who did that to her. We would like to get co parenting, like she had with the kids as their well being is questionable with him. As of right now, he said we will not see them unless we do what he says regarding her estate. Probate is the end of the month.
A: Unless there are some fairly unusual circumstances going on, the father in this case has the law on his side. Grandparents would likely be the only people with standing to even approach the court, but even then, they would need to show a substantial harm to the child with not allowing visitation - a pretty tough burden to meet.
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