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Sneekys_Mommy · Jul 28, 2008, 05:35 AM

Hi, I wondering about family visitation rights. My brother and his now ex-girlfriend had a child together. She is now 1, and our family has been in her life since before she was born. Now that my brother and she have split up, we are no longer allowed to see my niece. There are no custody papers, but she will not allow my brother to see his daughter either. My question is, do we (my mother, father and I) as well as my brother have any rights to see my niece, grandchild and daughter (the baby does have our last name), and does she have any legal grounds on keeping my brothers child away from him?

N0help4u · Jul 28, 2008, 05:58 AM

HE needs to go to court and file for joint custody and get visitations.
When he has visits would be when you can see her.

ScottGem · Jul 28, 2008, 06:03 AM

Your brother has rights, you don't. However, without a custody declaration and viisitation order, she can refuse to let him see her. He needs to go to court and file for joint custody with a visitation schedule. If she then refuses to let him see his daughter, he can have her cited for contempt of court.