Ask Me Help Desk - Does an aunt have visitation rights at all in the state of Oregon?

I was awarded full custody of my daughter in 2007. She is now four and a half and we have a happy life together. Her father is not in the picture currently. She has had a relationship with her father's sister for the last year and a half and now that I just told her that she couldn't see her one day she spased out and now she says she has gone to the local courthouse and filed papers to seek visitation rights. Does she have aleg to stand on?

Just out of curiosity, why did you cut off the aunt? Permanently or just in a fit of anger for the moment?

If the child's nuclear family is still intact (at least one parent is still alive and actively parenting), then it is extremely hard, if not impossible, for an aunt to make a case for legal visitation rights.

Read more: Visitation Rights For Aunts | eHow.com Visitation Rights For Aunts | eHow.com

Be careful she might try to convince the court you are an unfit parent if she is spiteful but she would have to prove that my aunt on my fathers side tried to do that with my mother when she found out I got molested by my stepfather but if anything my mother was perfectly fit its my stepfather who was the deciver my mother was at work when it happened but if you really don't want the aunt seeing her for whatever reason you should get a lawyer (just trying to prepare you)

She's just blowing smoke. As WG noted, this would be a difficult case to even get heard, let alone win.

You stated "I just told her that she couldn't see her one day". I assume you meant the time she asked for was inconvenient. I would go back to her and tell her, that you want her to be a part of your daughter's life, but it is going to be at your convenience. That you are under no legal obligation to allow it. And if she pursues legal action, then it will become even more inconvenient for you to allow her time with the child.

I am the Aunt in a situation sort of like this.. I recently spoke to an attorney about this same issue. The father of the children has custody and my sister lost custody due to a lack of protection on one of her daughters. The father of the children will not allow me to see the children just because I am related to the mother. The attorney told me that as long as I can prove significant ties to the children, I could in fact receive visitation rights. Now in my case not only am I their Aunt, but I have full legal custody of one of my sisters children, therefore even with the close ties that I have with the kids, I also have the sister of the children as well who needs to see her sister and brother. In my case I believe 100% I can prove those close ties. Just remember that if she goes to court and is able to provide proof. A lifetime of photos with them together and happy, any proof that they babysat the children. Proof that ties them together. That is all they need to receive visitation in the state of Oregon. I suggest you settle for 1 overnight visit a month or like 2 day visits a month. Something to allow them to continue to bond. Even if you are mad, you should think of the best interest of the child. Now, if you do not believe that the aunt is safe, then DO NOT allow her to see her. But in a court of law it's all about the burden of proof. 1st, she has the burden of proof to provide evidence that she has those significant ties. End, you have the burden of proof if she does file and can provide the court with evidence of significant ties, to provide the court with evidence that she is either unfit or a danger. My suggestion is just be prepared. I hope for the child's sake that you guys can work this out soon. :)

http://oregondivorceblog.com/wordpress/2011/02/new-case-law-third-party-visitation/ Here is some information as well so you can check it out yourself. In this case it is called Grandparents/Third Party petition. She needs to prive she had a significant relationship for a year and That she is a grandparent, Aunt, Uncle or sibling of legal age. I really hope this has been helpful for you. Good luck and best wishes. Trish

Quote:

Originally Posted by trishmartinez

I am the Aunt in a situation sorta like this.. I recently spoke to an attorney about this same issue. The father of the children has custody and my sister lost custody due to a lack of protection on one of her daughters. The father of the children will not allow me to see the children just because I am related to the mother. The attorney told me that as long as I can prove significant ties to the children, I could infact receive visitation rights. Now in my case not only am I their Aunt, but I have full legal custody of one of my sisters children, therefore even with the close ties that I have with the kids, I also have the sister of the children as well who needs to see her sister and brother. In my case I believe 100% I can prove those close ties. Just remember that if she goes to court and is able to provide proof. A lifetime of photos with them together and happy, any proof that they babysat the children. Proof that ties them together. That is all they need to receive visitation in the state of Oregon. I suggest you settle for 1 overnight visit a month or like 2 day visits a month. Something to allow them to continue to bond. Even if you are mad, you should think of the best interest of the child. Now, if you do not believe that the aunt is safe, then DO NOT allow her to see her. But in a court of law it's all about the burden of proof. 1st, she has the burden of proof to provide evidence that she has those significant ties. End, you have the burden of proof if she does file and can provide the court with evidence of significant ties, to provide the court with evidence that she is either unfit or a danger. My suggestion is just be prepared. I hope for the child's sake that you guys can work this out soon. :)

Did the child in question live with you or did you otherwise act as parent to the child?