Key Takeaways
- When and how grandparents can request visitation if a parent has passed away
- What the law says about third-party custody rights for grandparents
- What courts consider before granting custody or visitation to grandparents
- How prior caregiving strengthens a grandparent’s legal case
- Why grandparents in Kansas and Missouri should act quickly
Can Grandparents Get Visitation If a Parent Passed Away?
In many cases, grandparents can ask the court for visitation if the child’s parent has passed away. This situation is one of the most common reasons the court may recognize grandparents’ rights when a parent dies.
In both Kansas and Missouri, judges in Kansas City focus on the best interests of the child. A continued relationship with grandparents can provide comfort and stability after such a loss. However, grandparents’ rights when a parent dies are not automatic. Courts still require proof that visitation supports the child’s emotional well-being and does not interfere with the surviving parent’s rights.
Factors the court may consider:
- The nature of the relationship between the grandparent and grandchild
- The surviving parent’s ability and willingness to allow visitation
- The child’s emotional needs and response to the loss
- The consistency and quality of prior contact
If grandparents get visitation after a parent passed away, it’s typically because they can show their role in the child’s life has been meaningful and ongoing. Kansas City courts must see that continuing that bond serves the child’s best interests.
Third-Party Custody Rights: When Grandparents Can Seek Custody
Visitation is one option, but what if the surviving parent is unable or unwilling to care for the child? In those cases, grandparents may explore third-party custody rights.
Third-party custody means a non-parent, like a grandparent, is granted temporary custody of a child. In Kansas City, courts allow grandparents to petition for custody if they can show that:
- The surviving parent is unfit, absent, or poses a risk to the child
- The grandparent has been the primary caregiver or has a significant bond with the child
- Placing the child with the grandparent would be safer or more stable than remaining with the surviving parent or another guardian
Keep in mind, courts do not take custody changes lightly. The burden is on the grandparent to prove that removing the child from a parent or current guardian is necessary to protect the child’s well-being.
What Happens If Both Parents Have Passed Away?
If both parents have died and no legal guardianship has been arranged, courts will often look to grandparents first. In these tragic cases, grandparents’ rights when a parent dies are much stronger. Judges tend to favor placing children with familiar, trusted relatives over non-relatives or foster care.
To pursue custody, grandparents will need to file a petition and may need to show that they are capable of providing a stable home and meeting the child’s physical and emotional needs. In these situations, taking fast legal action is key. If you’re unsure whether grandparents get visitation if a parent passed away or if full custody is more appropriate, consulting with an experienced family law attorney in Kansas City can help you understand how to move forward.
What If the Surviving Parent Disagrees?
Sometimes, the surviving parent may resist contact or involvement from the grandparent, especially if there was past conflict. While the surviving parent has strong legal rights, grandparents’ rights when a parent dies can still be protected through the court system.
To make your case stronger:
- Document your past involvement in the child’s life
- Keep records of communications and parenting concerns
- Avoid direct conflict and work through legal channels
- Consult an experienced family law attorney
The court will review both sides and decide if grandparents get visitation if a parent passed away, or if custody under third-party custody rights is appropriate.
Do Grandparents Have More Rights If They’ve Been Caregivers?
Yes. If you’ve been raising your grandchild or acting as a daily caregiver, you often have stronger third-party custody rights in your legal case. Courts are more likely to grant grandparents visitation or custody if they’ve already been filling a parenting role.
Examples of caregiving include:
- The child lives with you full-time or part-time
- You provide transportation to school or activities
- You attend doctor appointments or school meetings
- You cover medical, food, or housing costs
In both Kansas and Missouri, courts recognize the importance of preserving a stable environment for the child. If removing the child from your care would cause harm or disrupt their development, judges are more likely to enforce grandparents’ rights when a parent dies.
Secure Your Rights as a Grandparent Today
If you’re a grandparent in Kansas City and a parent has passed away, your support can be a vital part of a child’s healing and stability. But protecting that relationship often requires legal action.
Whether you’re seeking visitation or third-party custody rights, it’s important to act quickly and understand the legal steps involved. At Kansas Legal Group, we help our clients understand grandparents’ rights when a parent dies with clear guidance and trusted legal support. We know these situations are very emotionally difficult, and our team is here to provide compassionate, experienced representation every step of the way.
Contact us today to schedule a consultation and protect your role in your grandchild’s life.
Amanda Showalter
Attorney at Kansas Legal Group
Amanda Showalter is a dedicated family law attorney at Kansas Legal Group, serving clients across Kansas and Missouri since 2009. She focuses on divorce, custody, support, and other domestic matters, offering compassionate guidance and strong advocacy. Known for her steady leadership and thoughtful counsel, Amanda is committed to achieving positive outcomes while supporting clients through life’s most difficult challenges.
Education: University of Missouri - Kansas City School of Law
Years of Experience: 15+ years of high-level divorce experience