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pinkflowers · Apr 30, 2012, 11:38 AM

My brother has moved out of State - the child lives in my State - my brother pays his child support every month - how can ME as an Aunt get to see her ?

ScottGem · Apr 30, 2012, 11:39 AM

A court will not grant visitation to an aunt. So unless the parents allow you to see her, you are probably out of luck.

ballengerb1 · Apr 30, 2012, 11:40 AM

So who/where is she living? Can't you just go to her residence and ring the bell or are we missing some background info?

pinkflowers · Apr 30, 2012, 11:44 AM

The child lives w/ her MOM - last time my sister went she called the Cops on her to make her get off her property ! She is a very mad mom - never thought she would get a divorce from our brother ! Sad deal... you think the MOM would LOVE for her to visit & spend time w/ her !

ballengerb1 · Apr 30, 2012, 11:49 AM

If mom will not allow you to visit that is pretty much the end of the story. You have no legal standing to force visitation.

vcirish8 · Apr 30, 2012, 11:55 AM

I'm not too sure that you don't have any rights. I would call the family court system in your area and ask. If the relationship you and your niece have is beneficial to your niece than a judge just may grant some type of allowed visitation. Especially if your niece is older like 10yrs or older because she can speak for herself then. So don't take everyone's word on here and definitely take the time to call your family court system. Good luck!

ScottGem · Apr 30, 2012, 01:01 PM

Originally Posted by vcirish8

I'm not too sure that you don't have any rights. I would call the family court system in your area and ask. If the relationship you and your neice have is beneficial to your niece than a judge just may grant some type of allowed visitation. Especially if your niece is older like 10yrs or older because she can speak for herself then. So don't take everyones word on here and definately take the time to call your family court system. Good luck!

Judges generally don't have that much leeway. I know of no place, especially in the US that codifies visitation other than parents or grandparents. If you have anything to back up your statement please produce it.

A court has almost no power to go against a mother's wishes even if there is an established relationship that benefits the child. But I guess it wouldn't hurt the OP to consult an attorney. A local attorney would know the local law. The Family court is unlikely to give legal advice.