custody/visitation of neice and nephew

This is a discussion on custody/visitation of neice and nephew within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; My brother and sister-in-law were killed earlier this year, leaving behind a young son and daughter as well as a ...

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Old Aug 2nd, 2008, 09:23 PM   #1
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Default custody/visitation of neice and nephew

My brother and sister-in-law were killed earlier this year, leaving behind a young son and daughter as well as a teenage son (from a different mother). With no will in place, the 2 young children were taken by one of their aunts and her live in boyfriend. For a while after this terrible day no one in my family were able to make contact with them except for a 2 minute phone call. After about 2 months we were finally "allowed" to see them for an hour. Since then no one (aunts, uncles, grandparents, etc) has been permitted to see or speak to them. Their older brother has not been allowed to see them even once. Even birthday presents were refused and sent back. A family member of their aunt has expressed concern, to my family, for their well being.

I believe after a terrible loss like this they should be around as much family and love as possible. Not torn away from everyone and everything they knew and loved!

Should I fight for custody of the children? What are the chances without a will? Do aunts and uncles have visitation rights? HELP PLEASE
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Old Aug 2nd, 2008, 09:58 PM   #2
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Default Re: custody/visitation of neice and nephew

Yes, you should fight for custody. And you better do it fast.
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Old Aug 2nd, 2008, 10:09 PM   #3
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Why do you say do it fast?
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Old Aug 3rd, 2008, 12:11 AM   #4
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Default Re: custody/visitation of neice and nephew

The longer their established residence at the other Aunt's home, the harder it will be justifying changing their situation.
Courts prefer to go with the Status Quo.
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Old Dec 4th, 2009, 10:28 AM   #5
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Default Re: custody/visitation of neice and nephew

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My brother and sister-in-law were killed earlier this year, leaving behind a young son and daughter as well as a teenage son (from a different mother). With no will in place, the 2 young children were taken by one of their aunts and her live in boyfriend. For a while after this terrible day no one in my family were able to make contact with them except for a 2 minute phone call. After about 2 months we were finally "allowed" to see them for an hour. Since then no one (aunts, uncles, grandparents, etc) has been permitted to see or speak to them. Their older brother has not been allowed to see them even once. Even birthday presents were refused and sent back. A family member of their aunt has expressed concern, to my family, for their well being.

I believe after a terrible loss like this they should be around as much family and love as possible. Not torn away from everyone and everything they knew and loved!

Should I fight for custody of the children? What are the chances without a will? Do aunts and uncles have visitation rights? HELP PLEASE
you have no inheret rights to visitation with these children. unless you can prove the aunt unfit( and not allowing you to see them is not enough) you have no chance at custody, and will most likely make the aunt mad enough to cut off contact alltogether.
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Old Dec 4th, 2009, 12:32 PM   #6
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Default Re: custody/visitation of neice and nephew

Your posts are really quite the standard boilerplate tedium. Besides which, the thread is over a year old. What's the motive for chiming in? Bitterness obviously.
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