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Home > Law > Family Law   »   As an aunt do I rights to sue DCFS for vistation rights to see my niece?

 
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Old Feb 2, 2006, 09:41 PM
Jasanne Bugsy
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As an aunt do I rights to sue DCFS for vistation rights to see my niece?

Hi My name is Rosalyn. I have a 12 year old niece that I just adore. Unfortunately she is in foster care with Illinois's DCFS going on 6 years. My sister, my nieces mom is mentally Ill. Her father was in jail for 10 years (my niece was 2 when he was sentence). Now that he is out jail and a witness protection program. No one is standing up to fight for my niece. Do I have legal rights as an aunt to see my niece or to get vistitation? I tried to get full custody and was denied. I really need help! Can someone please give me advise on what to do.

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Old Feb 3, 2006, 05:29 AM   #2  
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Talk with your lawyer.

Have her live with you. That is, become a foster parent. That way she can at least live with you while you deal with the whole custody thing.
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Old Feb 3, 2006, 09:11 PM   #3  
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i agree with captain forest
it doesn't take much to become a foster parent
and the girls life would probable be a lot happier with you
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Old Feb 4, 2006, 12:36 AM   #4  
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Why were you denied custody if I may ask?
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Old Feb 4, 2006, 06:18 AM   #5  
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I would also have to ask why you were not given temporary custody of the child, normally they will give a responsible adult within the family custody if possible.

But you may sue for visitation rights if you want to, they do not have to allow it
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Old Feb 5, 2006, 09:01 PM   #6  
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I was denied because I have a criminal record.
I am working on having it remove from my record. Its was when I young and wild (19 at the time). For that same reason, I can not become a foster parent. I tried that. Can I fight for legal guardianship?
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Old Feb 6, 2006, 11:51 AM   #7  
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it is possible for you to get custody of the child, and i would also like to know how they could have denied you. you said you have a criminal record, but if it was nonviolent and had nothing to do with child abuse then there shouldnt have been a problem.

of course, states vary widely on this issue so yours may be tougher, but i cannot see it stopping you in any case.

if you want custody and get your record expunged then it shouldnt really be a problem im guessing.

Sos
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Old Feb 6, 2006, 12:55 PM   #8  
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Thank you so much for your advise. Greatly appreciated. I am working with an attornery now to help me with guardianship. Thanks!
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Old May 13, 2007, 09:13 PM   #9  
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Quote:
Originally Posted by Jasanne Bugsy
Hi My name is Rosalyn. I have a 12 year old niece that I just adore. Unfortunately she is in foster care with Illinois's DCFS going on 6 years. My sister, my nieces mom is mentally Ill. Her father was in jail for 10 years (my niece was 2 when he was sentence). Now that he is out jail and a witness protection program. No one is standing up to fight for my niece. Do I have legal rights as an aunt to see my niece or to get vistitation? I tried to get full custody and was denied. I really need help! Can someone please give me advise on what to do.
I am going threw the sam thing with dcfs they are monsters. I fight for my kids every day. I hope you can afford a attorney cuz you need one. start by searching about dcfs the more you know the better. internet tells all. good luck
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