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-   -   Visitation for aunts (https://www.askmehelpdesk.com/showthread.php?t=238184)

  • Jul 16, 2008, 01:38 PM
    cmp69
    visitation for aunts
    My brother is divorced from his ex-wife. She has primary custody and he is supposed o have partial. On more than one occasion he has had to ake her back to court because she was not allowing him to see his son. My brother is not an abusive man nor has he ever failed to pay child support for his son. However she will no longer let him come down to see his father(my brother now lives out-of-state). He has had to cancel plane tickets because at the last minute she will not allow him to come. THis past week he was on vacation up there and naturally wanted to see his son and he was told that they would be there at the time he said and ten when he arrived no one was there and she would not answer her phone. When he finally reached her hours later she simply said oh I'm sorry I forgot. I have urged my brother to take her back to court because she is violating the custody agreement however, my brother fears that his son does not want to see him so he is afraid to. His ex-wife is very minipulative. She was the one that moved on first and got remarried and had another child but when my brother did the same she told his son that he has a new family now and didn't love him nymore which is totally not the case. I have no doubt in my mind that if he doesn't want to see his father it has nothing to do withanything my brother has done but instead the influence thathis mother has over him being the sole caregiver and parent in his life right now. This weekend I told my brother I wanted to see what I could do to get visitation with my nephew and he told me probably nothing. I have a very active roll in all my other neices and nephews except his. He is now 13 and I have not seen or talked to him in several years. I am missing out on his life and it's not fair and I want to know if there is something that I can do about it.
  • Jul 16, 2008, 03:37 PM
    sweet jane
    While specific provisions vary between states, a court will typically grant visitation privileges to a minor child's grandparent, great-grandparent, or sibling if the court feels that visitation is in the best interests of the child. A minority of states permit only grandparents to obtain visitation rights, and allow visitation only if the child's parents are separated or if one or both of the parents has died.
    I see no reason why the father cannot petition the court to hold her in contempt. You, in most jurisdictions, do not have the 'relationship' required to seek legal rights to visitation. He does, however, and he must seek to make sure the mother is following the law.
  • Jul 16, 2008, 08:48 PM
    blackblue
    Your brother should NOT be afraid to in force his rights.Your bro needs to talk with his son and let him know that he loves him and nothing nobody can do to change that.

    He needs to take her back to court for violating the custody.If he truly wants to see his son then he should.
  • Sep 22, 2010, 01:57 PM
    kelash

    I am sorry to hear of your situation but unfortunately if you took you're her to court you would not have any rights.
    I know this because my partner is in court to see her niece and nephews and the only way that you will have the right in court would be for the government to bring out a legislation for extended family members such as aunts / uncles to see the children they have loved and bonded with.
    My partner is currently trying to change this by making a petition for this legislation to be made but for it to be taken seriously it needs thousands of signitures so if you would not mind could you possibly sign it and post it around your friends / family as I know you understand the importance of this cause. If this helps make the legislation it will help people such as yourself and my partner see the family they have been stopped from seeing for no reason, I know how you must feel with your situation as my partners sister sounds exactly like your brothers ex wife (manipulative) Tell your brother not to give up and to keep fighting to see his son! If his son has been bullied into believing that he does not want to see his dad then this won't last long as when he starts to get older he will want to know more about his father and will want to see him again so if your brother gives up now then what would he say to his son in the future? At least the young boy will know that his dad always fought to see him! I hope things will work out for you in the end!

    The link is : Extended family rights Petition

    Thank you so much!
  • Sep 22, 2010, 02:00 PM
    kelash

    Oh sorry here is the link again!

    Extended family rights Petition

    Thank you.

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