My sister is in jail. My dad is trying to get custody of her daughter, my niece. I do not have a problem with that, but I want to be sure that I get to see her. Can I get visitation rights to her without having to fight for custody, if so , HOW? I would really like to do this without a lawyer, if possible.

Who has custody now? Your first step would be informal, ask whoever has custody if you can visit. But if you want or need to formalize your rights, you will probably need to file a petition in family court. That is probably a longshot, however, Generally visitation is granted only to parents and sometimes grandparents.

Not too many states recognize rights for aunts/uncles (unless they are a court-appointed guardian.) You're probably at the mercy of your dad, if he's successful in getting custody, as far as visiting with her. But why would your father deny you visitation with your niece? If you're not on good terms with your father, then you could have a problem.

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Originally Posted by chassie14

My sister is in jail. My dad is trying to get custody of her daughter, my niece. I do not have a problem with that, but I want to be sure that I get to see her. Can I get visitation rights to her without having to fight for custody, if so , HOW? I would really like to do this without a lawyer, if possible.

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Hi there,
In most states, there exists an office in the courthouse building or close to it, where you can find answers to your family law questions. In California, these offices are called Family Law Facilitators, and they get funding from the state and Feds to provide people who represent themselves with filing the proper forms for custody, visitation, child support etc. If you live in a county that has such an office, I would suggest taking your question there. They may not be able to help you do the paperwork if it is beyond the scope of what they are funded to do, but they are usually attorneys and will point you in the right direction. :)