Do aunts have any rights to see their nieces and nephews?

Can an Aunt and Uncle Seek Visitation Rights with their Niece/Nephews? The short answer is YES. California law confers discretion on the court to grant reasonable visitation rights to any other person having an interest in the welfare of the any other person.

What to do if a parent is withholding a child?

If a parent believes his or her co-parent intends to abduct a child or permanently withhold access, the parent should immediately contact an attorney to discuss what measures are available to prevent abduction or to seek the return of an abducted child.

Do fathers have more rights than grandparents?

Unmarried Parents You do not have rights against the grandparents unless you have legally established paternity or have an existing court order regarding custody and support. If you have neither, then in order to obtain rights you must petition the court to establish paternity.

Can grandparents keep child from father?

Even though a grandparent may gain custody of a child, the child’s parents will retain parental rights. This is especially true if both parents are still alive. Unless the parents consent to give up their custody rights, a grandparent may need to show that both parents are unfit to have custody of a child.

Does paternal grandmother have rights?

Grandparents only have the right to ask for visitation. They do not have a guaranteed right to visit and see their grandchildren. If you currently have a visitation court order, you have the right to have that order enforced.

How can I get visitation with my aunt and uncle?

The aunt/uncle/grandparent must petition the court to be included in the case, then would have to show that it is in the child’s best interest to have visitation with the aunt and uncle.

Do aunts and uncles have child custody rights?

Aunts and uncles are in the same position as grandparents when it comes to custody rights. Brothers or sisters of the parents have no inherent custody rights regarding their nieces or nephews.

Can a custodial parent refuse to allow a child to visit?

But in some states, one parent is still awarded primary custody and the other visitation time. This is an enforceable right. If the custodial parent won’t allow the children to visit according to the court order, the other parent can ask for court assistance to enforce it. Do Aunts Have Visitation Rights?

How do I apply for visitation with the other parent?

You may be able to use certified mail, or you may have to hire a process server. If you need help applying for visitation, you may want to use an online service provider. At the first court appearance, which is scheduled by the court, the judge will encourage you and the other parent to try to reach an agreement.