Do Step Aunts & Step Uncles Have Any Rights?

[internetnut]

What is the name of your state? New York

I live in New York state and I was just wondering if step aunts & step uncles have any rights. I'm more interested in knowing if there is a law for step aunts & step uncles for visitation rights. My husband to be of 10 yrs & I have been in my step nieces life since she has been 9 months old and she just turned 4yrs old in june. We have had her every weekend since she was 9 months old and even sometimes a week to 2 weeks at a time. We have taken her places like florida and her biological brother, my biological newphew stays weekends with us to play with his sister (mom doesn't have custody and doesn't see son only once in a blue moon) I'm still able to see my niece and only 2 times have I been banned from seeing her. (mom is bipolar so we try not to upset her) The last 2 weekends I've been giving statics about weekends and I'm wondering if the mom is going to try to take visits away again. So my question is do we have visitation rights. I've been told by CPS (mom has been involved) that if the 4 yrs old goes into custody I have rights to get custody. Please LMK if we have rights. Thanks christine (internetnut)

 

[LdiJ]

What is the name of your state? New York

I live in New York state and I was just wondering if step aunts & step uncles have any rights. I'm more interested in knowing if there is a law for step aunts & step uncles for visitation rights. My husband to be of 10 yrs & I have been in my step nieces life since she has been 9 months old and she just turned 4yrs old in june. We have had her every weekend since she was 9 months old and even sometimes a week to 2 weeks at a time. We have taken her places like florida and her biological brother, my biological newphew stays weekends with us to play with his sister (mom doesn't have custody and doesn't see son only once in a blue moon) I'm still able to see my niece and only 2 times have I been banned from seeing her. (mom is bipolar so we try not to upset her) The last 2 weekends I've been giving statics about weekends and I'm wondering if the mom is going to try to take visits away again. So my question is do we have visitation rights. I've been told by CPS (mom has been involved) that if the 4 yrs old goes into custody I have rights to get custody. Please LMK if we have rights. Thanks christine (internetnut)

No...you don't have any rights. Even biological aunts and uncles don't have standing to sue for court ordered visitation. You may qualify for kinship care rights if CPS removes the children from mom (although I am honestly not sure that is correct either)...but you definitely don't have standing to sue for visitation rights.

 

[internetnut]

Thank You For Responding....

Your probably more then right we don't have a case being step relatives but my brothers lawyer for bio newphew said mom could never keep us from him because we were blood related. Now the "kinship care" I'm gonna check more into because the CPS worker told us "once a child is placed in foster care anyone off the street basically has the right to request that the child be put in their care". So I don't understand why then it's different. Do you or anyone else know about this I was told that if a person is involved in a childs life for X-amount of time and can prove they are a benefit to the childs life then they have rights? Does anyone know how this works? Thanks again for answering my question! Christine (internetnut)

 

[tigger22472]

Your probably more then right we don't have a case being step relatives but my brothers lawyer for bio newphew said mom could never keep us from him because we were blood related.

I worry that this wasn't taken out of context. What the lawyer most likely meant was that you can see the child on dad's time. Mom can deny you seeing the child on her time and there would be nothing you could do.

 

[internetnut]

No Trust Me This Question Was Asked Several Times....

My brother was in the middle of a custody battle over my newphew and I asked several times (to make sure he understood my question) what if she ever tried to keep me from seeing him (like she did the girl 2 x's) and he said she could never do that I was a blood relatives and I could take her to court for visitation rights. Thank god I never had to. Rather he was wrong or not is possible but that is what he told me. Thanks for responding it brings a up a point now that makes me wonder what if she ever wants to see him again and gets some form of custody. Thanks so much! Christine (internetnut)

 

[LdiJ]

My brother was in the middle of a custody battle over my newphew and I asked several times (to make sure he understood my question) what if she ever tried to keep me from seeing him (like she did the girl 2 x's) and he said she could never do that I was a blood relatives and I could take her to court for visitation rights. Thank god I never had to. Rather he was wrong or not is possible but that is what he told me. Thanks for responding it brings a up a point now that makes me wonder what if she ever wants to see him again and gets some form of custody. Thanks so much! Christine (internetnut)

I am sorry, but that honestly isn't correct. The grandparents would have standing to sue for visitation rights...but not aunts and uncles. Having the right to sue also doesn't guarantee a win either. As long as dad is in the picture, you will be expected to visit the child on dad's time....NOT on mom's time.

As far as CPS is concerned...yes, technically pretty much anyone can ASK that the child be placed with them. Again, that doesn't mean that the request would be granted by CPS. If it ever would come to that, then it would be definitely in your best interest to hire an attorney.

 

[tigger22472]

I am sorry, but that honestly isn't correct. The grandparents would have standing to sue for visitation rights...but not aunts and uncles. Having the right to sue also doesn't guarantee a win either. As long as dad is in the picture, you will be expected to visit the child on dad's time....NOT on mom's time.

I totally agree here. Mom can deny any family member she wants on her time and there be nothing anyone can do. She can't restrict dad from taking the child anywhere he chooses unless she could prove through the courts that person was a danger, but again, she can deny access to the child on her time.