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    mfulbright's Avatar
    mfulbright Posts: 2, Reputation: 1
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    #1

    Feb 17, 2008, 05:23 PM
    Do aunts have visitation rights
    My niece stayed primarily with me the 1st year of her life. Due to childcare issues at the time I had the mother take her half the week. Mom has always collected welfare on the child. I have never asked for any money from mom for her support. She is now 4yrs old. She stays with me anywhere from 4-11 days at a time then goes home to her mother for 3-4 days and comes back to me. I caught the older brother sexually abusing her, I asked the step-dad about it and he said that they spank the children for that. I was upset and I hot lined the situation. There is a lot of verbal abuse, some physical abuse, and drugs around the children while they are moms. There are 3 children in the home and they all sleep in the same bed. When I hot lined the situation they said they would investigate and let the mother know they were coming. She cleaned house, went to the thift store and got a bed for my niece. She told me I can never see her again. My brother is in prison and has never been apart of her life. I am the one that has taken her to all her doctor appts and it is documented that I have done this because Mom will not. Do I have any rights? Can I get visitation, custody, or anything? We live in Mo. She unfortunately lives in downtown where no one cares, and it was apparent that DFS was not going to really check into this very deep.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Feb 17, 2008, 05:56 PM
    First, Please pay more attention to the instructions for using this site. The Forum Help area is only for questions about using this site as you would have known if you had read the Read Me First notices highlighted in Bold Red letters.

    I'm sorry to say but you have almost no rights as an aunt. You approached this the wrong way. Rather than hot line the incident, you should have documented the problems then filed for guardianship of the child. Now its too late and as long as the mom is in control, you will be out in the cold.
    mfulbright's Avatar
    mfulbright Posts: 2, Reputation: 1
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    #3

    Feb 17, 2008, 05:56 PM
    Can an aunt get visitation or custody of her niece?
    I have had the child 50% or more of her 4 yrs of life. I have her from 4-11 days at a time and then take her home to mom and step-dad for 3-4 days then go back to get her. The older brother who is 5yrs old was caught by me violating her sexually. He has been sexually abused about a year ago and half ago. I hot lined the situation and advised DFS about the verbal abuse and drug use that goes on in mom's home. They didn't do anything about it. They said they will contact mom to go out for a visit. Mom saw them at the door and wouldn't answer. She went out and bought a bed at the thift store for my niece she has been sleeping with the boys and she advised me that when she gets there they will not find anything on her because she has taken care of it since she knows they will be coming back. My question is: do I have any rights for legal visitation or custody of my niece? Her father is in prison and mom is now mad at me so she will not let me see my niece anymore.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Feb 17, 2008, 06:39 PM
    Most moved and merged from forum to other similar post
    gabbiee20's Avatar
    gabbiee20 Posts: 1, Reputation: 1
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    #5

    Feb 17, 2012, 04:18 PM
    You can file an action for third party custody. I don't know what idiot thinks you have no right to this child, but as a blood relative you do. If you can prove the incidents you've mentioned it should be relatively easy. Get a family practice lawyer.

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