My brother and his ex girlfriend had a baby, my niece Kendra Gipson she was taken from his ex girlfriend and now is in the custody of a another family. My parents lost a custody case b/c my brothers name is not on the birth certificate nor does she have his last name or a DNA test, But he is the father. Currently he is in jail but in the mean time my family and I have not seen Kendra in years, b/c they went from letting her visit two times to blocking our number to changing their phone number completely. I just yesterday went over to visit my niece at their home granted I could not call to see if was okay but I was determined to try any ways. I went to the door as she barely opened it, introduced myself as Tamika, Kendra's aunt and I was wandering if it would it be okay to see her for a minute.Then their daughter closed the door and stated hold on.she came back and told me to leave. I miss my niece i want to see her,i feel if we dont get custody we'll never see her......
2006-12-27 07:26:20 · 8 answers · asked by Tam 1 in Politics & Government ➔ Law & Ethics
and its not even that we want to take her away from them, we just want visitation. any kind would be great.
Only real feedback please it outstounds me how ignorant some answers can be. So Please if you answer please have some substance to what is being asked thanks.
2006-12-27 07:29:59 · update #1
The answer is still NO you have no rights to her, you will not be able to go to court to regain rights as she is adopted. It would be best if you called or wrote a letter to her parents and not just show up. They may give into a phone call and you could let them get to know you first and then they may consider letting you see the child. They are the parents and they are going to be very protective of her. I do not believe anyone would want to hurt the child but that is their daughter. The more you push the harder they will push back. I really believe that at 5 years of age it is a little late for the father to step in, He should have done that years ago.
2006-12-27 07:40:42 · answer #1 · answered by Nani 5 · 1⤊ 0⤋
Your question says that the child has been adopted but your explanation says in custody. Those are two different things and are handled differently. If the child has been adopted, then you have to try to contest the adoption on the grounds of being a relative that was not informed, nor given a chance to contest the adoption proceedings initially. Yes, you need a blood test to prove your legitimacy to the claim. That can be part of your contest case. If the child is just in custody, then you can ask, petition the court for visitation or custody based upon the relationship to be proved by the blood test. You can also send a set of interrogatories to the mother asking her to admit that your brother is the father. These questions have to be answered under penalty of perjury and submitted to the court in your case as discovery information.
Good luck. Frankly, it doesn't sound very good.
2006-12-27 07:40:47 · answer #2 · answered by rac 7 · 0⤊ 0⤋
There is some basis for grandparents having visitation in special cases. But, there is no grounds for an aunt or uncle to have visitation rights.
If your brother didn't file anything to stop the adoption when it was going on, it will be hard to get it overturned. The only way I can see it being overturned is if the kid's mom lied to him or tricked him into signing away his parental rights.
You may just have to move on from the situation, and hope that your niece tries to reconnect with you sometime in the future.
2006-12-27 07:52:52 · answer #3 · answered by Average Joe 3 · 0⤊ 0⤋
No, a minimum of ninety 9% of the time. there have been some uncommon situations of this going on. In all situations it in touch an "open" adoption wherein the organic and organic mom had remained a factor of the youngster's existence. In a closed adoption it does no longer be available and has by no skill befell. It additionally in touch a shortcoming on the area of the adoptive mom and dad in that they did no longer grant the residing house they claimed they could. it ought to contain the mummy asserting she grew to become into coerced into adoption or a organic and organic father that grew to become into by no skill recommended. a minimum of two of those 4 issues have been a ingredient. it may require an rather long nasty courtroom conflict. This demands attorneys and many funds, so the organic and organic mom has to have that to win. So its no longer impossible yet rather no longer likely. This befell to a 4 12 months previous approximately 12 years in the past. It grew to become right into a extensively publicized case because of the fact the call grew to become into so spectacular and it grew to become into the oldest newborn that had ever been caught in a revoked adoption. The decide gave the youngster decrease back to its organic and organic mom after bonding together with his adoptive kin for 4 years. What they confirmed on the information grew to become right into a sprint boy that looked basically mortified approximately being taken from his mom and dad and made to stay with a particular to stranger. i think of the adoptive kin fought it and have been given him decrease back at last despite the fact that it ought to have value hundreds of dollars. It grew to become into basically nasty. the well-known public grew to become into so outraged they have considering that then replaced the regulations so it must be much extra sturdy to do now.
2016-11-23 20:02:05 · answer #4 · answered by ? 4 · 0⤊ 0⤋
You have no legal rights until your brother has some proof that he is the baby's father. You can't do anything till he has a DNA test. Once there is proof he is the father, he can sue for visitation, and appoint you to visit the child in his absence. But that DNA test has got to be done first.
2006-12-27 07:31:05 · answer #5 · answered by dcgirl 7 · 3⤊ 0⤋
is she legally adopted? or just under foster care due to the state intervention to remove the child from the biological mothers care?
if she has been legally adopted, the only thing you can do is convince your brother to fight that adoption by getting a paternity test. only then will you have a case, as he did not give up his rights as a parent for the adoption.
start there and consult with a lawyer. asap.
2006-12-27 07:31:40 · answer #6 · answered by arus.geo 7 · 0⤊ 0⤋
As the child's aunt, you have no rights to see the child. If the father is not going to press the issue, then you will have to let it drop.
you didn't mention how old the girl is. It might be in the child's best interest if you let this one go
2006-12-27 07:42:17 · answer #7 · answered by BigD 6 · 1⤊ 0⤋
best thing is kidds with there naturel mother, and having babies with merrying, creat such problems always
thats why islam phobihit it first hand,
in islamic point of view,
firsat right is mother, if she is not ready or not there then fahter, if he is absent
then fahter side sholud have kidd
2006-12-27 07:35:41 · answer #8 · answered by www.cordobatravelguide.com 1 · 0⤊ 3⤋