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-   -   Legal Rights to see niece (https://www.askmehelpdesk.com/showthread.php?t=226721)

  • Jun 14, 2008, 07:43 AM
    tinytoon
    Legal Rights to see niece
    The lack of relationship I have between my brother and sister in law, due to their attitude towards me means I do not get to see my niece although this has a great affect on her.
    She knows me and recognises my photo at my mum and dads and asks about me but they do not seem to recognise what their attitude to people is having on her is consequentiallly having on her. Therefore because I do not speak to them I do not get to see her. Can I gain legal rights to see her?
    Thank you
  • Jun 14, 2008, 08:03 AM
    excon
    Hello tiny:

    I doubt it - even in the UK, if that's where you are.

    Here in the US, grandparents are JUST beginning to get some rights in SOME of our courts here. I'm certain that NO aunts or uncles have visitation rights here, unless there are special circumstances. So, I would doubt that you can gain those rights.

    However, because every jurisdiction is different, and every situation is too, you certainly might have a shot. The problem is going to be that you're going to need a lawyer to make your claim. He's not going to be cheap.

    Yes, it's a shame that parents act in such a spiteful manner.

    excon
  • Jun 14, 2008, 08:06 AM
    Fr_Chuck
    excon must have some knowledge I don't see as to where you are at.

    But I do not know of any system that gives a aunt or uncle any rights to visit. Now new law happens all the time, So it will take an attorney and a long court battle to even have a chance.
  • Jun 14, 2008, 08:07 AM
    Synnen
    How about YOU letting the attitude that your brother and sister in law have towards you slide a little bit, let bygones be bygones, and work on your relationship with THEM?

    It may be YOUR niece, but it's THEIR daughter, and if they don't feel like you are a good person for their child to be around, they have EVERY right to keep her from you.

    So... start proving you're a good person to be around to them.

    EDIT: I know my answer doesn't address the law, but I just felt compelled to point out that there are other ways around this than suing for visitation. Seriously--how hard is it to just be nice to your brother and his family?
  • Jun 14, 2008, 10:49 AM
    N0help4u
    Just so she knows you care why don't you tell your parents that when she asks about you to tell her something like you 'do care and would like to know her but right now it doesn't seem possible' so that the door is open in the future when she is old enough to make her own decisions if nothing works out in the meantime.

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