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Old 02-19-2001, 10:51 AM
tina0815
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My name is Tina I live in Texas. I have a nicei that I have not seen in over a year. My brother and his girlfriend had her in 1998 and his girlfriend moved away to Longview Texas in 1999 and the last time any of my family has seen this precious little girl was in october of 1999 on her 1st birthday. Her mother has gotten married and she will not take any phones calls from any of us. I have tryed to contact her and I even hired a private detective to find her and now I have a address and phone number on her but I dont now if I have any legal rights to see her. I hope that someone here can give me some advice. My brother has not seen her either, he wants to be a part of her life but does not really have the money to hire a lawyer. If anybody can help please email me.

Thank you
Tina
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Old 02-19-2001, 12:54 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally posted by tina0815
My name is Tina I live in Texas. I have a nicei that I have not seen in over a year. My brother and his girlfriend had her in 1998 and his girlfriend moved away to Longview Texas in 1999 and the last time any of my family has seen this precious little girl was in october of 1999 on her 1st birthday. Her mother has gotten married and she will not take any phones calls from any of us. I have tryed to contact her and I even hired a private detective to find her and now I have a address and phone number on her but I dont now if I have any legal rights to see her. I hope that someone here can give me some advice. My brother has not seen her either, he wants to be a part of her life but does not really have the money to hire a lawyer. If anybody can help please email me.

Thank you
Tina
My response:

Tina, the only way you're going to be able to see your niece is when your brother obtains visitation orders from the court.

Under current law, for all 50 States you, as the Aunt, cannot merely walk up to their door and demand to see the child. You, as the Aunt, have no rights to see the child if the parent says you can't. (See the United States Supreme Court decision in "Troxel vs. Granville" - June 2000)

The only way to see your niece is when your brother has visitation with his child ordered by the court, and then you'll be able to be with your niece when your brother has her.

Good luck to you.

IAAL
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