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

    Aug 16, 2009, 07:08 PM
    Custody of my nephew
    18 months ago social services took my at birth nephew and placed him with us he has been with us since birth social services applied for a permanent order however they just lost in court and we had to return him to his biological mother who had already lost six other children permanently totally heart brocken and not sure if I have any rights to the boy I raised as my son
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #2

    Aug 16, 2009, 07:16 PM
    Unfortunately the court ruled against social services and, consequently, against you. It's not shocking that the court favored the biological mother. Whether the judge's decision was a prudent one or not is a matter of opinion and, without knowing the specific circumstances, really impossible for anyone to state such an opinion. But long established precedents favor biological parents whenever possible. So no, you have no "rights" to your nephew ; certainly not in a paternal sense and I really don't know of any jurisdictions that recognize rights for aunts and uncles. Of course, the mother could allow you to visit with him of her own accord ; that's always an option.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Aug 17, 2009, 06:00 AM

    I don't see that the Courts rules for or against anyone. That isn't how Family Court thinks. The Court determined (and they could very well be wrong) that the best place for the child is with the mother.

    I would do everything I could to keep the lines of communication open so that she allows you to see the child.

    If you push for visitation - and I've seen this happen - the Court could decide that living with you and then returning to his mother but seeing you would be confusing to the child.

    Your best bet is hoping the mother will allow you to visit.

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