[patty corrales]

Hello,
I have a niece that is a little over a year old and my family and love her deeply, but cannot see her. My brother and his girlfriend are 18 and my mother let them, and my niece, live with them. However they were fighting (physically) and did nothing to help in the house. My brother was very disrespectful to everyone (cussing/yelling) and his girlfriend did nothing all day, no school no work! She sent the baby to daycare allday while she was sitting at home doing nothing. They got pregnant again and things got worse, so my mom told them they had to leave because they she could not support (financially) them and another baby anymore. She did not leave them out on the street, they went to her (brother's girlfriend's) mom's house. Now "The Girlfriend" will not allow anyone to see my precious niece. My brother doesn't mind if we see her, but has no say according to his girlfriend. She is the one with the car and her family is supporting them financially. What can I do? I have tried every weekend to ask them to let us see her and they say no. They won't even let my older brother see her, which he had nothing to do with them getting kicked out, none of us did. They are violent and irresponsible people. Please help! They are about o have another baby and I am afraid that my niece will be pushed aside. Or they will beat each other to a bloody pulp one day!

[donf]

I am not a lawyer, but you can petition the court for custody of the infant child if you believe that there is no real fit parent to care for the child.

Te absolute worst that ca happen is that our social services systems can once again get a case of the stupids and forget that they are to represent the best interest's of the child not the whims of the parent.

That said, you would not be doing this as an Aunt. You would would be doing this a family member along with the rest of the family in the best interest's of the child.

Again, I suggest you start the dialog with the dept of social services, not a court application.

[Momma to three]

Unfortunately, at this point you have no rights to the child. Unless your brother has gone to court and had paternity established, and some sort of custody/visitation order in place, in most states HE has no right to the child, either. That means that it is entirely up to the mother which family members see the child and which do not.

As said above, the only thing you can really do is petition the court for custody if you truly think that would be in the best interest of the child.

[RubyPitbull]

Actually, even though they aren't married, if paternity has been established, both parents have equal rights to the child.

Anyone outside of the parents do not have any basic legal rights when it comes to visitation. I truly feel your pain here Patty. This is a very sad situation. If you feel the child's life is endangered, the parents are not caring for the child properly, abuse, or neglect is occurring, contact your state Child Protective Services office. Speak to an agent. They will tell you what the law is and will advise you as to how to proceed. If they feel there is enough in your statement that warrants an investigation, they will launch one. But be prepared for a possible confrontation with the girlfriend if she finds out you are the one that called CPS on them. If CPS finds that your concerns are valid during their investigation, they may remove the child from the home. You and your family may then petition the court for guardianship or temporary custody. If your brother and his girlfriend manage to do what the courts expect of them, the child will eventually be given back to them.

If you are having trouble finding the right number to call, do an internet search for Child Protective Services along with entering your State. Something should pop up. If you are having problems, post back and tell us what state the child lives in. We can help you find a starting point.