Uncle hoping to get at least visitation rights

[tio-cdg]

From the State of Texas.
I hope someone might be able to help me. About a year ago my older brother passed away, and the last thing he asked me was to be his son's Godfather. His wife has been a mess to deal with. My nephew is now 2 years old. His tries to Isolate our family as much as possible from my nephew, and even lies to us in many aspects. She also has a drinking problem, and smokes. They had problems in their marriage, my brother tried everything to save his marriage, she served him with divorce papers, since they were not signed when he passed away, she was the first one to contract an attorney to sue the people responsible for negligence, did this the day we had the visitation, one day before he was even buried!! Nevertheless thats some back story to why I am concerned. As my nephew's Godfather it is my responsibility to teach him morals, and everything that his father would have but I cant with my obstacles. Does anyone know how I can at least get visitation rights. If possible partial costudy. I dont want to take my nephew from his mother, I believe that a mother is something irreplaceble, but I do believe that she is not the best influence, and I hope to give him more than that.

 

[BL]

Some states allow Grandparents visitation rights if it's in the best interest of the child .

Uncles NO.

If you could see you nephew through a Grandparent that is awarded visitation rights , that would be one way.

Another way , is IF the mother was found to be UNFIT,which is a pretty tall order to get done , if nothing serious is happening that would put the child in danger.
In the event the State through the Court had the child removed from her custody, relatives could Petition the court for Custody & care of the Child,or rather the State may place them w/ a relative.

 

[tio-cdg]

Extra info

Actually I had forgotten to mention that my parents both gave me powers of Attorney to act in their behalf on anything pertaining to my brother or his son, my nephew. I do want to solve everything peacefully, but it seems like a court order is the only way. Since I am acting on behalf of the grandparents, I guess that visitation right or part custody goes to my parents, which is okay with me. The real problem is that I hope that the case is not something too hard, I would hate to take this to court and end up worse than before. Any advice? Thank you all.

 

[hexeliebe]

The power of attorney only allows you to act in your parent's behalf. Even if you won visitation for them, and it's doubtful, that right would not transfer to you.

 

[Boxcarbill]

Re: Extra info

Actually I had forgotten to mention that my parents both gave me powers of Attorney to act in their behalf on anything pertaining to my brother or his son, my nephew. I do want to solve everything peacefully, but it seems like a court order is the only way. Since I am acting on behalf of the grandparents, I guess that visitation right or part custody goes to my parents, which is okay with me. The real problem is that I hope that the case is not something too hard, I would hate to take this to court and end up worse than before. Any advice? Thank you all.

Do not stir up a hornet nest. Neither you nor the grandparents have standing under TX law to bring an original suit affecting the parent child relationship to seek visitation rights. Grandparents can INTERVENE in an existing case (e.g. divorce case) and seek visitation rights but they cannot bring suit to obtain visitation. Grandparents can bring an original suit seeking custody but they would have to prove the mother unfit.

 

[sroutlaw]

In a word, NO.

Unless you can prove the parent/s to be unfit you are out of luck. and an uncle is the same as a legal stranger in terms of visitation. Maybe you want I should be able to petition for visitation to your kids as well then?

Don't mean to be flip but all these "rights" for visitation are kinda dumb. Bless the Supreme Court for saying so in a legal way.

 

[ili]

grandparents do have rights

Our great-grandson now may visit his grandparents for a day each week. Grandparents do have rights but you don't. However
you can find an attorney willing to take the case and its possible
your parents will gain visitation rights and will allow you to be
with them when they see the grandson. You must prove only
that there would be harm to the nephew if he isn't allowed to
spend time with his grandparents. By bringing in the fact that
you are the godfather and were asked by your brother to act in
the best interest of your nephew it could help and the fact that
alcohol etc. is in the picture I believe you have a good chance
considering you can find an attorney who passionately wants to
see the right thing is done. We were lucky in that way.

 

[Boxcarbill]

Re: grandparents do have rights

Our great-grandson now may visit his grandparents for a day each week. Grandparents do have rights but you don't. However
you can find an attorney willing to take the case and its possible
your parents will gain visitation rights and will allow you to be
with them when they see the grandson. You must prove only
that there would be harm to the nephew if he isn't allowed to
spend time with his grandparents. By bringing in the fact that
you are the godfather and were asked by your brother to act in
the best interest of your nephew it could help and the fact that
alcohol etc. is in the picture I believe you have a good chance
considering you can find an attorney who passionately wants to
see the right thing is done. We were lucky in that way.

Yes, he can find a lawyer to take his case. It has been my experience that there is always a lawyer who will represent someone on any action regardless of the merits--if the client has the money to pay.

Now on to law in TEXAS which is the poster's state. I will repeat, the grandparents do NOT have standing to bring an original SAPCR (Suit Affecting the Parent/Child Relationship which seeks visitation. The case will be dismissed for lack of standing. Filing fees and earned attorney's fee are NOT refundable. Now for those who just cannot believe that a licensed attorney in Texas could possibly know what in the hell they are talking about read this:

Texas Family Code

§ 102.004. Standing for Grandparent
(b) An original suit requesting possessory conservatorship may not be filed by a grandparent or other person. However, the court may grant a grandparent or other person deemed by the court to have had substantial past contact with the child leave to intervene in a pending suit filed by a person authorized to do so under this subchapter.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.

Amended by Acts 1999, 76th Leg., ch. 1048, § 2, eff. June 18, 1999.

Now read my first response to the poster. For those who do not know what a "possessory conservator" is under Texas law, it is the person with access and visitation rights. Managing conservator is the person with custody of the child.