I'm sorry for your loss. Yes, you likely have legal options, though they vary significantly by state. After Troxel v. Granville (2000), the Supreme Court held that parents have a fundamental right to make decisions about their children — but most states still have grandparent visitation statutes.
Key factors courts consider:
- Pre-existing relationship: Your weekly visits establish a significant bond. This is your strongest factor.
- Death of the parent: Many states explicitly grant grandparent visitation rights when the grandchild's parent (your child) has died. This is often the strongest legal basis.
- Best interest of the child: Courts must find that visitation is in the child's best interest, not just the grandparent's desire.
In most states with a deceased-parent provision, you have standing to petition for visitation. The court will balance the surviving parent's rights against the children's interest in maintaining a relationship with their deceased parent's family.
Consult a family attorney in your state promptly. These cases are time-sensitive — the longer the children are without contact, the harder it is to reestablish the relationship.