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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My grandaughter died 6 years ago she was born sleeping , her

Customer Question

My grandaughter died 6 years ago she was born sleeping , her daddy, my 33 yr old son was recently cremated and placed in a grave with her. My son had been divorced several years from his babys mum, but I did ask her permission to have my son in with his daughter. I paid for the plot, and stone for both my grandaughter and my son and have the reciepts. They are in a church nearby and I take care of the plot, babys mam says she never visits her daughters grave, neither do her other family. Myself I bought a family plot years ago, and there is room for a memorial plaque for my son and grandaughter. I asked the cemetry and they are willing to do it, however I have just emailed my grandaughters mam (who has moved on with her life and has 2 children now) and she has said no, she doesnt want her babys name on a nother plaque, im devistated as my sons will be on, and I want it to read resting with his daughter. Is there anything I can do please
Submitted: 2 years ago.
Category: Family Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

First of all please accept my sincere sympathies in reading the above in particular for the loss of your son but also of course your granddaughter.

May I ask if your granddaughters mother has given any reason or authority to support her view that she can refuse permission for Leahs name to be added to a plaque please?
Customer: replied 2 years ago.

no reason at all

Expert:  Joshua replied 2 years ago.
Thank you for the above. I cannot think of nor find any law that would enable your granddaughters mother to refuse permission or withhold permission for you to erect a plaque as you propose. From what you say, you own the plot on which you propose to erect the plaque and you propose to pay for the plaque yourself and therefore there is no ownership right that her mother can rely upon. The inscription you propose is, apart from a touching sentiment, and indeed whatever else it may be, a statement of fact. your son was your granddaughter's father and so there is no defamation law she can fall back on to support her position.Equally she cannot own any proprietary or intellectual rights such as a copyright or a patent over your granddaughter's name and so cannot restrict its use on the plaque because she holds any intellectual property right.Finally, the only other possible avenue I could which is a stretch is one of harassment whereby she claims that you are deliberately harassing her by including the inscription but even contemplating such a claim is difficult let alone actually being able to do so. There is clearly no harassment from the inscription nor apart from your email to her which he have any contact or knowledge of it so this is simply not an option available to her.I can therefore think of no way that she could legally prevent you from including an inscription as you propose. of course it would be nice if she agreed with your proposal but I can see no legal reason why you need her permission and if she is not willing to agree, I can therefore see no reason why you cannot proceed with or without her permission. If you do not think she is likely to agree with any persuasion, you may decide simply to proceed without any further contact with her. If you prefer to go back to her one final time, you may decide to do so in which case you might like to say to her that you are saddened by her response and in order that you can consider the matter further, perhaps she would like to advise you of any legal basis on which she believes she can object. As above, I cannot see that she would be able to to cite any basis on which to do so.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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Customer: replied 2 years ago.

Thankyou so much for your kindness and clear guidance, I do appreciate your expertise in this matter which gives me the incentive to move forward in arranging the plaque for my son and grandaughter.

Expert:  Joshua replied 2 years ago.
A pleasure. I hope you are able to find a way forward that you are content with. Best wishes