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LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6536
Experience:  Family Law Attorney
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Can an Aunt get visitation rights

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Can an Aunt get visitation rights?


Thanks for choosing! I look forward to helping you today. Can you tell me a little bit about the family dynamics? Are you the paternal or maternal aunt? Are the child(rens) parents still married, never married or divorced? Is your brother or sister (child's parent) purposely wanting to keep the child from you? Is everyone located in NY? Thanks.

Customer: replied 6 years ago.
I am the maternal aunt. The parents were never married. My niece resides with her father. Until recently the parents had share custody. Unfortunately the mother of my niece (who is my niece from my brother) The child in question is My niece's daughter who I have been a big part of her life since she was born 5 years ago. I helped take care of her. We are extremely close. Everyone is located in NY. The father is not letting anyone see his daughter or talk to her. My concern is what she must be thinking and feeling as to why she has not seen anyone in her family. I am devastated and am seeking the best way to see her.
Thank you for the additional details. This must be so hard for BOTH of you. The good news is that NY does have laws that pertain to visitation rights for "any interested party," and aunts would fall under that category. N.Y. Dom. Rel. Law 72 (Supp. 1996) (granting visitation rights to third parties under extraordinary circumstances). Because you are 1) a blood relative, and 2) involved in her life, and 3) being kept from your family member by a non-blood relative, you would have standing to apply for visitation rights. I would suggest that you speak to a local family law attorney that can file a specific petition on your behalf and can help you through the process. You can find one here: Please just let me know if you have any more questions. If not, please don't forget to click on the green accept button in the answer box so that I can receive credit for helping you. It is the only way I can receive compensation for my time and it will charge you nothing further to press accept. Thanks so much.
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