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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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my sister had her husband at the time adopt her daughter ...

Resolved Question:

my sister had her husband at the time adopt her daughter who at that time was only 6 now 10, they had 2 boys together and since have divorced and my sister allowed him to take the children because she thought that they would be in better hands. not so, my niece since has found out that it isnt her fathers(stepdad) and doesnt want to be there! is there anything that can be done? he doesnt allow my sister visititation or her family out of spite. he and my sister cant get along and he blames her for everything which whatever, he is not approachable or compromising what so ever he doesnt want the children to know us anymore, im sorry that is my blood and i just want this guy to give my niece back . is it right that even though that isnt his daughter biologically he can do what he wants with her and keep her from her other family that she wants to be with so bad, she is depressed and in counseling for all of this as am I, it is so sad! please help!
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
Does your sister have any custody or visitation rights in the divorce order?
Customer: replied 9 years ago.
Reply to LawNinvest's Post: yes she just has basic indiana law visitation, but he wont allow her to see or talk to her children.
Expert:  Attorney & Mediator replied 9 years ago.
Thank you for your responseCustomer

Unfortunately the police does not like to get involved in these family disputes as they are civil issues and not criminal issues.

As the mother has court ordered visitation rights, the father has no rights to interfere with those rights. The mother can file for a contempt of court orders and seek enforcement of her visitation rights. The court greatly disfavors when there is a parent willing to interfere with the relationship and bond of the other parent. Therefore your sister can file for a modification review hearing for reconsideration as to placement.

Unfortunately as this person has adopted your niece, he has the legal standing as father even though he is not the biological father but in no way does he have the legal right to prevent the mother from exercising her visitation rights.

Additionally depending on the daughter's age and ability to articulate the court will take into consideration the child's preference to be with her mother. The court will consider what would be the best parenting arrangement if it will serve the child's best interests.

So the mother needs to file for contempt of court orders to enforce her visitation rights and then she needs to file for modification for the court to consider a change in custody so the father no longer controls the relationship between the mother and children.

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