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As an aunt do I rights to sue DCFS for vistation rights to see my niece?

Asked Feb 2, 2006, 09:41 PM — 10 Answers
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.

10 Answers
CaptainForest's Avatar
CaptainForest Posts: 3,684, Reputation: 2085
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#2

Feb 3, 2006, 05:29 AM
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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educatedhorse_2005's Avatar
educatedhorse_2005 Posts: 504, Reputation: 413
Senior Member
 
#3

Feb 3, 2006, 09:11 PM
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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talaniman's Avatar
talaniman Posts: 44,371, Reputation: 50371
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#4

Feb 4, 2006, 12:36 AM


Why were you denied custody if I may ask?
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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,624, Reputation: 37036
Expert
 
#5

Feb 4, 2006, 06:18 AM


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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Jasanne Bugsy's Avatar
Jasanne Bugsy Posts: 3, Reputation: 1
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#6

Feb 5, 2006, 09:01 PM
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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Sosdog's Avatar
Sosdog Posts: 40, Reputation: 15
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#7

Feb 6, 2006, 11:51 AM
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 shouldn't 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 shouldn't really be a problem I'm guessing.

Sos
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Jasanne Bugsy's Avatar
Jasanne Bugsy Posts: 3, Reputation: 1
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#8

Feb 6, 2006, 12:55 PM
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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adeerose's Avatar
adeerose Posts: 1, Reputation: 1
New Member
 
#9

May 13, 2007, 09:13 PM
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 because you need one. Start by searching about dcfs the more you know the better. Internet tells all. Good luck
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michapman's Avatar
michapman Posts: 1, Reputation: 10
Junior Member
 
#10

Jul 7, 2011, 02:44 PM
Hello I really wish they had aunt rights in texas. My three nieces and nephew are in the custody of my brother and his mentaly ill wife. My niece was only thre whenn she was almost beat to death by my sister in law.when my brother came back from out of town he works on a oil rig he forgave her he has stated he loves her more than his kids. He has also said he will never divorce her.I wish I had taken my niece to the hospital and called the police.Now I have no evidense of abuse.I love them so very much,I prey that god keeps them alive until they can (god forgive me) but get pregnant and move in with a nice guy.Or run away to me.My brother has some alling health issues and if he dies I know she will drown my nieces or shot them.She is so sick and bipolar and schetsaphrinic and a alcholic.I'm 30 with my own house un married and no kids my house is huge and I wish they would live with me.Unfortanitly I live in a state that does not do much for child abuse and I have no rights.God bless you and always keep them in your prays.
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