Visitation can refer to several different options and it all depends on the needs of the birth family and the circumstances of the family's case. Also can the judge grant the grea … While child custody and visitation issues arise most often as part of a divorce, parents going through a divorce are not the only people who might be involved in a child custody situation. Custody rights in Texas extend past a child’s parents.The court may rule that grandparents can receive custody of a child after both parents die. Child custody court hearings involving non-biological parents, such as step parents, can sometimes get complex. The aunt and uncle would then need to file a motion to be joined to the case, so the court can give you a say in the visitation of the children. In Texas, a grandparent can’t obtain custody of a grandchild unless there are serious concerns about the child’s welfare or unless the parents consent to a change in custody. I am sad to say that I agreed to appoint my sister guardian. may be in your best interests if you are attempting to obtain child custody rights over a niece or nephew. A 2016 case led the way to the ultimate victory in 2017 . There has been no contact between mt daughter and her grandmother for the last four months because my sister will not allow it. Debra Palazzo Law Offices of Debra Palazzo, LLC. No you do not have any rights for visitation as the aunt. My three nieces and nephew are in the custody of my brother and his mentaly ill wife. The following people can file for managing conservatorship:. I am the aunt of a two year old boy who I love more than my own life. The following people can file for managing conservatorship:. Michael Hendrickson Law Office Michael E. Hendrickson. These grandparents came to our office last year seeking representation to win custody of their grandchildren. After you are joined and have a court date on the issue of visitation, you must show that it is in the child’s best interest to have visitation with the aunt and uncle. Practically speaking, this means that a stepparent’s custody or visitation rights are similar to a child’s aunt, uncle, or another semi-close relative. there's a Grandparents provision in Custody regulation so it relatively is advisable to locate making use of that regulation as an determination. Idaho governs their grandparent visitation rights with one sentence: “The district court may grant reasonable visitation rights to grandparents or great-grandparents upon a proper showing that the visitation would be in the best interest of the child.” However, the courts recognize Idaho law, I.C. 1 Answer from Attorneys . Some people are under the impression that those who are named godparents automatically get custody if something happens to the child's parents. Can Natural Parents Establish Visitation Rights Post Adoption? it is necessary because the child’s present situation is mentally or physically harmful for the child; or Family visits usually begin as hour-long weekly sessions. If you want custody and get your record expunged then it shouldn't really be a problem I'm guessing. However, there are certain situations where a biological parent can be given custody rights by the court, even over the objections of the biological father or mother. The parent seeking “full-custody”, to become the sole care giver, must prove to the courts that the other parent is unfit to care for the children. Can a great aunt get custody of a child, if the mother is waiving her rights to take care of him, even though the father is in his life as well as the fathers mother. Re: visitation of niece. Thus, consulting with a knowledgeable and skilled child custody lawyer. Sos Jasanne Bugsy Posts: 3 ... Hello I really wish they had aunt rights in Texas. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. 1 decade ago. It's been mishandled and with each case worker, the situation worsens. Get Legal Help Protecting Your Visitation Rights in Texas. Can aunts get visitation rights in the state of virginia? And grandparents can’t file custody suits in Texas—they can only intervene in the parents’ custody case. 1 0. The form needs to be completed with such information as the names and addresses for you and the other parent, the child's name and age, and the visitation rights you are seeking. To our office last year seeking representation to win custody of my brother and his mentaly ill.... Ongoing 12 years with little improvement any other friend or family member, stepparents have the to... S also possible for grandparents to receive custody of their grandchildren court order contact between mt daughter and grandmother. 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