rights as an aunt

[Kimmy333]

I am trying to visit my neice. My sister, her mother, died in a car accident 10 eyars ago. She has recently tried hurting herself. She is now turned over to the state and staying in a youth shelter. Her case worker and therapist can not tell me how she is doing without the fathers consent. I am also not allowed to see her or talk to her unless her father says so. Her father and I do not get along so there for he will not let me see her or talk to her. She is now 13, what rights do I have as and aunt, sister of the dead mother, over my neice?

 

[I AM ALWAYS LIABLE]

I am trying to visit my neice. My sister, her mother, died in a car accident 10 eyars ago. She has recently tried hurting herself. She is now turned over to the state and staying in a youth shelter. Her case worker and therapist can not tell me how she is doing without the fathers consent. I am also not allowed to see her or talk to her unless her father says so. Her father and I do not get along so there for he will not let me see her or talk to her. She is now 13, what rights do I have as and aunt, sister of the dead mother, over my neice?

My response:

Unfortunately, none. See the United States Supreme Court case of "Troxel vs. Granville" decided June 2000 (a Grandparent's Rights case). In short, parents have the final say-so whether to allow anyone (Grandparents, Uncles, Aunts, or anyone) to see or talk to their children. If a parent says "No", and in the absense of a dire reason, that parent's decision will stand.

IAAL

 

[Grandma B]

What a shame for your niece. It's entirely possible that contact with you could be very beneficial to her at such a time.

Would it be possible to ask the caseworker if you could write the girl a letter in which you could tell her how to contact you if she wished? Of course, it's possible the father might have to approve this also.

No wonder we have so many desperate children!

 

[LegalBeagle]

Who turned her over to the state ? I mean, did father just call up and ask for someone to take the child away? Or did SS get involved and take the child ? Is the father planning on getting the child back ?

 

[Kimmy333]

Well for starters, her father can't handle her, so he just lets someone else deal with her. The state got involved, humane services, and dhs are presently working on the case now. The funny thing is I never have a problem when i'm with her. According to her father I am to have no contact with her what so ever. So unfortunately the letter idea is out. And she isn't allowed to call me or contact me either, even if it's what she wants. But thank you for the suggestions. At this time the judge gave the father a chance to take her home yesterday and he said no, keep her in the youth shelter, so there she sits. With no one but her therapist.

 

[Grandma B]

The courts act in the best interest of the child!
The courts act in the best interest of the child!
The courts act in the best interest of the child!

I keep telling myself that--why can't I believe it??

 

[LegalBeagle]

If you have money, retain an attorney and file for custody. The father has stated he does not want the child. That should at least get your foot in the door for a hearing.