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  1. #1
    Christen .D. Guest

    Question Aunt and Uncle Rights

    What is the name of your state? SC
    I am a Aunt that lives in sc and is having problems getting to see my nephew who lives in nc because of his father. My sister had custody and we could see him anytime we were in town. Not to long ago she got in truble and his father got temporary custody and will not let us see him. The father was not there the first 5 and 1/2 years of the childs life.He workes a part time job and sayes he is going to school( this is going on his 6th year and he does not know what he is going to do with his life.) At one time the child and my sister and her other little boy had to come and live with my husband and me. By this time he wanted to visit with his son, so we would let him go and see his father on the weekends and when he came home it took us 2 days to get him back on track with bed time and eatting good. The last time we got to see him we had problems with the father. My sister had the child Monday -Friday and every other weekend. The weekend that it was my her turn to have him. She had to work so he took it as he got to get him until she got off.So he keeped calling and saying he was going to call the cops unless we brought the child to him, so we did so no one would get into truble.My Question is do we have right to see him. Ne sayes no. Also Could we file for Custody for the child? Thanks
  2. #2
    stealth2 is offline Senior Member
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    You have no rights to this child.
  3. #3
    Christen .D. Guest

    Aunt and Uncle

    So if he gets full custody and we will not let us see him. I cant do anythign?So I will not beable to see my nephew.What if we are Godparents and hethe father has a set of godparents.What then?
  4. #4
    VeronicaGia is offline Senior Member
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    Re: Aunt and Uncle

    Originally posted by Christen .D.
    So if he gets full custody and we will not let us see him. I cant do anythign?So I will not beable to see my nephew.What if we are Godparents and hethe father has a set of godparents.What then?
    "Godparent" is a religious title that holds no weight in court (separation of church and state).
  5. #5
    Christen .D. Guest

    aunt and uncle

    so you are telling me that i cant do anything at all to help out my nephew. I just have to sit there and see him take him and never see him until the child is 18 and come to fine us.
    Can I file for custody if he gets him if I can prove that he is not a fit father?
  6. #6
    stealth2 is offline Senior Member
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    It's not easy to prove a parent unfit. If the child is in danger, and truly being neglected, then you should consider calling CPS. But there is no guarantee that the child would come to you. You have no legal rights to this child.
  7. #7
    texasmomlost Guest

    Re: aunt and uncle

    Originally posted by Christen .D.
    so you are telling me that i cant do anything at all to help out my nephew. I just have to sit there and see him take him and never see him until the child is 18 and come to fine us.
    Can I file for custody if he gets him if I can prove that he is not a fit father?
    You have been told quite a bit that you have no rights.

    What did your sister do to make the courts take custody from her?
  8. #8
    Christen .D. Guest

    aunt and uncle

    one night after the kids went to bed she started to drink and got drunk. and the child tryed to call me but I was not at home so he called his dad and he called the police and they took the kids. When I talk to my nephew he asked if he could come and stay with us. When I called to fine out what time I needed to be in Charlotte on the 20th for court I found out that he got a lawer and went to court to get temporary custody. My sister was in Jail.
    I am going to start devoting my time to change this we people like me will be able to see there Aunts in casses like this
    Thanks for getting me mad enofe to do this
  9. #9
    I AM ALWAYS LIABLE is offline Senior Member
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    Re: aunt and uncle

    [QUOTE]Originally posted by Christen .D.


    I am going to start devoting my time to change this we people like me will be able to see there Aunts in casses like this
    Thanks for getting me mad enofe to do this

    ======================================

    My response:

    Good luck trying to overturn the United States Supreme Courts' decision in Troxel vs. Granville.

    Oh, and since you want things "changed", while you're at it, could you see what you can do about the Courts' decision in Roe vs. Wade? After more than 30 years living with THAT decision, there's a lot of people who'd love to see that one overturned. Many have tried over the decades - - perhaps with a few hundred thousand dollars, you might be successful with that one, too!

    IAAL
  10. #10
    Christen .D. Guest

    Aunt and uncle

    One you did not have to get smart about it.
    And 2 people are always saying if you dont like something try and have it change. Well I want it changed and I bet there are others out there like me. That is what the US is all about. We have to fight for what we want and this is what I want. It is not right that grandparents can have right and not other people in that family we are blood just like them. My sister is behind this and i have talked to some friends and family that think it is not right and we need to do somethign about it. I am not going to let a low life person like him that was never there in his life and never pay for anything for the child then one day get a girl friend who wants a all ready made family come back in to this childs like in one year and take him away from the people that were there for him all of his 7 1/2 years. Where was he when they needed a place to live when she left her husband he did not want to take him in they came and lived with us. Where was he when he took his first step. And even his mother does not want to see him go and live with his father. But she is to old to try and get him. And now out of the blue he gets a girlfriend and we wants his child. And my sister did one bad things onenight and he gets him the Law needs to be changed.AND I HAVE THE TIME TO TRY.
  11. #11
    HomeGuru is offline Senior Member
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    Oh brother.
  12. #12
    stealth2 is offline Senior Member
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    Actually, grandparents have no more rights than you do. Just as an FYI.
  13. #13
    Christen .D. Guest

    Aunt and uncle

    They can go to court and get visitations rights.So why cant weas Aunts and uncles
  14. #14
    stealth2 is offline Senior Member
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    Re: Aunt and uncle

    Originally posted by Christen .D.
    They can go to court and get visitations rights.So why cant weas Aunts and uncles
    Under very, very limited circumstances. Usually only when their child has passed away, and the surviving parent denies them time with the child. Other than that - it is EXTREMELY difficult for grandparents to get visitation rights. Parents have the right to decide who their kid is around. Including grandparents. I would really suggest you spend some time researching case law (start with Troxel v. Granville) to get a feel for what you're up against. What you are proposing is going to be extremely costly, and likely get you nowhere.
  15. #15
    I AM ALWAYS LIABLE is offline Senior Member
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    My further response:

    Please read the United States Supreme Court case of Troxel v. Granville (2000) 530 U.S. 57, 120 S.Ct. 2054.

    "Parents have a 14th Amendment substantive due process "fundamental right" (a "liberty interest") to make decisions concerning the care, custody and control of their children. A state law that, as applied, allows trial courts to grant nonparent visitation rights over a parent's objection whenever the court determines such visitation may serve the child's best interest, unconstitutionally infringes on that right." Troxel, supra.

    Unless the parent(s) are proven to be "unfit", then ANY THIRD PERSON, including Aunts, Uncles, Nieces, Nephews, and even brothers and sisters, have NO rights to visitation.

    Parents have the RIGHT to say "No."

    IAAL
    Last edited by I AM ALWAYS LIABLE; 11-13-2003 at 02:08 PM.

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