I'm going to try and make this short and sweet but it will be difficult because the situation has been ongoing for several years. My sister and her husband divorced and my ex-brother-in-law received custody of their 3 year old daughter. (As a side noted the circumstances surrounding this are long and convoluted but neither of them make great parents. If I had to choose one I'd have placed my niece with her father as well and not my sister) My father has been in constant contact with my ex brother-in-law and niece over the last few years. They live in a differnet state so he has gone to visit her and calls to talk to her on the phone; needless to say my ex brother-in-law has done nothing to initiate communication. All of the family sends gifts for her birthday and Christmas and we never hear anything from him. Last year when my dad visited for her birthday they wouldn't let him take pictures of her or give her any of her birthday presents so I wouldn't be surprised if they aren't giving her any of the things we sent. When my father asked if he could come see her this year for her birthday the told him that they would not allow her to see him. Now I have to say there are absolutely NO LEGAL REQUIREMENTS at this time. There is nothing legally filed that says my father cannot see her, call her, etc - it is all initiated with the brother-in-law and his relatively new wife. Also there is nothing legally binding that states my sister has given up parental rights to my niece. My dad is making every forseeable attempt to contact, visit, maintain good relations with the brother-in-law so that he can maintain contact with his granddaughter but I'm afraid hs is going to have to seek legal assistance. He is in the process of getting the paperwork ready and is prepared to spend a large amount of money, All he wants is something legally stating visitation for his granddaughter. Unforthunately this is happening across state lines and will be very difficult. I know this isn't a common situation but I was mainly trying to find out what might be involved in establishing any type of visitation for the grandparent - bonus if it includes across state lines? If more information is needed I will be more than happy to add details. I want to help my father out as much as possible but Im not even sure where to start. My sister is helping too but since she doesn't have custody it is more difficult. The only reason the brother in law has given as to why he won't let him visit is that "It is bad for her" No other details than that. My father has contact a state agency for child protection and because he cannot outrightly say my neice is in danger they can do nothing but did encourage him to ask if the police can visit the house and they can report back. During the last visit he said the house was unclean and it looked like my niece had not been bathed in a few days so he may be on to something but again it is difficult to substantiate any of this from several states away. Any advice, suggestions, comments would be helpful. I have a feeling this is going to be a very, very, long road.
It will partly depend on the state the child is in and the state the grandfather is in - laws vary by state! It should help him, however, that he had been keeping in cotnact with the little one prior to the sudden change in BIL attitutde.
I am not familiar with grandparents rights but I do know that some states recognize them.... however, wouldn't it just be easier if the child's Mother got *some* visitation and then your father could have visits when it is the Mother's visitation time? Or is your sister just so incompetent that she doesn't even have visitation rights??
Sad situation all the way around. I hope you guys get some good advice on here.
I feel sorry for your dad, it sounds he really cares and loves his granddaughter.
I don't know why your sister lost the custody of her child but I am wonder if there is any way that she can put her life together and fight for her child?
Assuming that she lost her rights for something she did.
I know some states have grandparent's rights, no sure your state, but if not the only thing I can think is to try to have a good relationship with the dad.
Perhaps the dad is worry that his daughter ask to go live with her mom?
Sad to see somebody loving a family and being apart.
Good luck.
Legally, grandparents typically have no rights. It is horrible for your dad, but the best that he can do is to try again to have an amicable relationship with the ex son in law. Your sister should have been a better mother to this poor child.
Some states do recognize grandparents' rights. It depends on the state. This link might provide some help but really, it will all depend on the state in which the child lives:
http://www.grandparents.com/gp/content/expert-advice/lega...
If the state in which your niece lives doesn't recognize grandparents' rights, your dad may be able to do an end run around the law by getting to his niece through your sister. Just because she doesn't have physical custody doesn't mean that she can't have some visits with her daughter (assuming it's in your niece's best interest to have a relationship with her mother) and perhaps your father could accompany her on those, providing transportation, supervision etc., allowing himself to see his granddaughter and help maintain some kind of relationship between mother and daughter.
Go to the court that handled custody as they have jurisdiction over this and will until she is 18. You might want to consider a private investigator as well as an attorney. Most states will recognize grandparent's rights....I am with the others and wonder if the mom has visitation and if she is using it. If not, they may be trying to get her rights revoked and then your dad may be out of luck......good for your dad and good luck!
I have visitation rights to see my out of state Grandchildren. We went to family court to get binding visitation rights. My family law attorney told me at the time that Texas is big on Grandparent visitation rights, and the judge did remark at the time that she thought it was important that I see them. Get a family law attorney NOW and get those rights in writing. (my guess is the new wife doesn't want your niece to know about her other family so she can be "mommy")
Unfortunately grandparents do not have any legal rights. Sad but true.
One day that may change. Feel sorry for your Dad. Your niece is being
deprived of a beautiful relationship with a beloved grandfather. Hope it
works out.
I have no advice for you I'm sorry but just wondering if ex BIL's new wife has anything to do with this sudden change in anything and not the fact that's its supposedly "bad" for your niece... wouldn't surprise me.
I am so sorry about this. The only thing to do is to check with an attorney as the laws vary from state to state. It sounds though as if the new wife has something to do with this. My only thought to kind of go around this would be for your sister to exercise her visitation rights and then for your dad to see his granddaughter then. Your sister should be getting visitation anyway from what you've written and she really needs to do that anyway to keep communication open with her daughter. Good luck in this situation. I think you are right - it will be a long hard road.
I'm assuming your family is in Texas as well, maybe not. It sounds like both parents are not doing their best. Your BIL has custody and if he were in California, he could keep Grandpa away.
My father along with my sister (my daughter's birth mother) planned to obtain custody (No way!) and move her into Mexico. Well, that didn't fly and now there is no interaction at all and I don't feel bad for ONE SECOND. It is my job to protect this child.
I hate to see young children being pulled in every different directions because that's not right. If there are legal arrangements between the parents, maybe something can be done but she doesn't sound so upstanding either.
