My brother's ex has soul custody of their daughter and my brother pays child support. The ex will not allow my parents to see their grand daughter. Do they have rights to see her? Also, do I have rights as well?
2006-08-14 10:15:50 · 6 answers · asked by Anonymous in Family & Relationships ➔ Other - Family & Relationships
It's a little known fact but yes you do. The grand parents do. I think AARP has something on their website about this. Divorce is not between two people. It's between two families. Everyone from cousins to aunts/uncles to grandparents have visitation rights that can be enforced by court order. Check with an attorney from your state.
Again, a really little known fact.
2006-08-14 10:28:18 · answer #1 · answered by ntoriano 4 · 0⤊ 0⤋
There are no states that have granted "aunt's rights." There are some that have established "grandparents' rights" but it's a relatively new issue, so there's still some litigation happening.
You need to check on the laws in your state to see if your parents have any rights. In Georgia, I can tell you that they wouldn't have any at all. If you're in a state where they have such rights, they'll probably have to go to court to get them enforced. If and when they get visitation with the child, maybe they'll let you see her.
Remember that child support and visitation rights are completely separate, though. The fact that your brother pays child support doesn't give him any visitation rights unless he was given those rights in the divorce decree. If he was given visitation rights in the decree, he has those rights even if he's in arrears on his child support payments.
2006-08-14 17:49:14 · answer #2 · answered by TechnoMom 3 · 0⤊ 0⤋
yes there is even a grand parent custody right...for when something like this happens.Happened to my niece too but with my sister the husband took her to a diff state and he paid off lawyers and everything.Every year he has a diff wife and his last ex told us thats why he didnt get custody of her kids cause she had some dirt on him... hehe dont ya just love that.
2006-08-14 17:39:18 · answer #3 · answered by Lauren D 4 · 0⤊ 0⤋
I think that it is the mother and fathers choice if they want the childs grandparents to see her but, if 1 of them want them to see her, i beleive that they should see her.If they don't want u to see her,then just leave it that way.
2006-08-14 17:31:07 · answer #4 · answered by Anonymous · 0⤊ 0⤋
yes u do have rights and u should go for it to try to go see your niece
2006-08-14 17:21:34 · answer #5 · answered by Anonymous · 0⤊ 0⤋
yes your brother has that right .....take her to court!
2006-08-14 17:20:41 · answer #6 · answered by Lorena 3 · 0⤊ 0⤋