My brother's kids were taken from him by the mother, who says that we can never see them again. My brother doesn't seem as concerned as the rest of my family that loves the kids very deeply. Can an Aunt get visitation rights? What about a Grandmother?
Answers:
This would be tough to do through the legal system. I heard of a group that is working for visitation rights for non-parental family, but I don't think you have any rights yet.
I think the best way to see them again would be to talk to the mother. Also, unless she gets a restraining order, there is nothing stopping you from going to her neighborhood and visiting the kids while they are playing outside. But having them at grandma's for the holidays will be tough, unless you can convince the mother to let them.
yes anyone can with a person from child services being with you
Sorry, I really don't think so, and the only potential way it to pay big bucks for a lawyer.
Im not sure about you as an aunt, but as a grandparent, most states have Grandparents Rights. Have her contact a family attorney.
No one other than the father has legal standing to petition the court for visitation unless joined in the petition by the father.
It would be different if the father was deceased or if the other family member could show a Psychological parentage link but since you didn't address that issue, the only thing I can advise you on is depending on the age of the child and the history of a relationship with the other relatives, it would be very difficult if not impossible to petition the court in such a matter.
The rights will vary from state to state, and you may have to sue to get visitation. Unfortunately, only a lawyer can tell you the chances of actually winning.
My son was in a custody situation such as yours. He lives in Florida and his daughter was in California. He came to California to challenge the courts for custody of his daughter. After two court appearances he won custody of his daugher. This is almost unheard of in California (an out-of-state father gaining custody of a minor child) He used the following free website for assistance in preparing his argument: http://www.childcustody.net/page2.html...
The lawyer here at this site tries to answer questions for all states and will research any questions you have. My son did not have a lawyer...he fought this using information from the above site. Good Luck.
I just want to add the courts in most states try to have visits for the kids with both sides of the family. It takes a court decision to deny the family the right to visit with the children.
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