Can an aunt get visitation to see her niece when the mother doesn't allow the aunt to see the niece?What about the grandmother getting visitation to see her granddaughter? Idaho governs their grandparent visitation rights with one sentence: “The district court may grant reasonable visitation rights to grandparents or great-grandparents upon a proper showing that the visitation would be in the best interest of the child.” However, the courts recognize Idaho law, I.C. In Texas, the court will look out for the child’s best interests and place them in a stable environment to help them cope and heal. 1 Answer from Attorneys . However, there are certain situations where a biological parent can be given custody rights by the court, even over the objections of the biological father or mother. Aunt and Uncle rights are very similar to grandparent visitation rights. visitation of niece. The grandchildren ended up living with a maternal aunt with whom the mother and grandchildren had been residing. Be specific in your request. While child custody and visitation issues arise most often as part of a divorce, parents going through a divorce are not the only people who might be involved in a child custody situation. My neice and nephew have been in my life since the day they were born and now the parents have not let me see or spend time with me just because they don't like me. 1 Answer from Attorneys. Father's Rights. The adoption process requires court approval, and each state has its own laws and requirements to be fulfilled before the adoption may take place. A 2016 case led the way to the ultimate victory in 2017 . This would prevent the need for foster care. In Texas, grandparents do not have visitation rights without a court order. Visitation can refer to several different options and it all depends on the needs of the birth family and the circumstances of the family's case. 1 decade ago. Concerned family members may also want to know whether an adoption through the foster system is possible. At the the treatment she has received from her aunt. And grandparents can’t file custody suits in Texas—they can only intervene in the parents’ custody case. No you do not have any rights for visitation as the aunt. Coming to an agreement regarding child custody and visitation can be especially difficult when working with an ex with whom you don't have a good relationship. I am the aunt of a two year old boy who I love more than my own life. Child custody laws in Texas reserve visitation, and other parental rights, for non-custodial parents, who many times is the father of the children. Thus, consulting with a knowledgeable and skilled child custody lawyer. Answer: Progression of Family Visits . If a court has made an initial custody determination regarding a child then that Court has exclusive continuing Jurisdiction under Texas Family Code Section 152.202. Now I see that I made a grievous mistake in doing so. Unfortunately the only way you will be able to see her is if the relationship between you and the parents straightens out. If you want custody and get your record expunged then it shouldn't really be a problem I'm guessing. When a family splits up because of a divorce, the child's mother and father are not the only family members affected by the separation, and the family court system typically does not consider aunts and uncles when they decide visitation rights. Child custody court hearings involving non-biological parents, such as step parents, can sometimes get complex. I have 3 nieces (14, 12, 11) placed in CPS custody 4/17/08 to reside 2 with the maternal grandmother and 1 with a maternal Aunt. it is necessary because the child’s present situation is mentally or physically harmful for the child; or However, from a legal standpoint, godparents have no more rights than any other friend or family member. Despite custody agreements, some fathers are repeatedly denied visitation as outlined in the agreement. Sos Jasanne Bugsy Posts: 3 ... Hello I really wish they had aunt rights in Texas. There at the instant are no legal rights for aunts and uncles. I hope you and your family finds peace with each other. Debra Palazzo Law Offices of Debra Palazzo, LLC. The following people can file for managing conservatorship:. This most often happens with the closest living relative, such as a grandparent, aunt, or uncle. Adoption refers to the legal process in which an adult becomes the legal parent of a child that is not their biological child. Lv 6. The maternal aunt's son molested the niece being placed there & this case has been ongoing 12 years with little improvement. Can a great aunt get custody of a child, if the mother is waiving her rights to take care of him, even though the father is in his life as well as the fathers mother. The parent seeking “full-custody”, to become the sole care giver, must prove to the courts that the other parent is unfit to care for the children. 0 users found helpful. Unfortunately, no, you do not have visitation rights. Get Legal Help Protecting Your Visitation Rights in Texas. The aunt and uncle would then need to file a motion to be joined to the case, so the court can give you a say in the visitation of the children. a child’s great-grandparent, grandparent, uncle, or aunt can file for managing conservatorship if there is “satisfactory” proof that: . Practically speaking, this means that a stepparent’s custody or visitation rights are similar to a child’s aunt, uncle, or another semi-close relative. Family visits usually begin as hour-long weekly sessions. However, a grandparent can petition the court to request visitation with a grandchild. Asked on 11/29/13, 7:09 pm. As the case continues and the birth parents complete different court ordered tasks, they earn more contact with their children. In Texas child custody agreements where there is a primary custodial parent and a noncustodial parent with visitation, the issue of relocation can be a difficult one. If one parent believes the other to be an unfit mother or an unfit father such custody cases can escalate into a nasty battle. Child custody issues can be modified in Texas by the court that made the initial custody decision. Re: visitation of niece. 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