A 2016 case led the way to the ultimate victory in 2017 . Mom has the authority to decide whether or not you get to see your nephew. Practically speaking, this means that a stepparent’s custody or visitation rights are similar to a child’s aunt, uncle, or another semi-close relative. Answer: Progression of Family Visits . Surviving parent. Coming to an agreement regarding child custody and visitation can be especially difficult when working with an ex with whom you don't have a good relationship. Adoption refers to the legal process in which an adult becomes the legal parent of a child that is not their biological child. If you want custody and get your record expunged then it shouldn't really be a problem I'm guessing. The form needs to be completed with such information as the names and addresses for you and the other parent, the child's name and age, and the visitation rights you are seeking. The grandchildren ended up living with a maternal aunt with whom the mother and grandchildren had been residing. To be clear, stepparents have the right to petition for visitation with their stepchildren after a divorce. I am sad to say that I agreed to appoint my sister guardian. At the the treatment she has received from her aunt. If a court has made an initial custody determination regarding a child then that Court has exclusive continuing Jurisdiction under Texas Family Code Section 152.202. No you do not have any rights for visitation as the aunt. In Texas, grandparents do not have visitation rights without a court order. My three nieces and nephew are in the custody of my brother and his mentaly ill wife. The aunt and uncle would then need to file a motion to be joined to the case, so the court can give you a say in the visitation of the children. A court may award visitation rights if the child's parents have filed for divorce, one parent is deceased and the other parent has unreasonably denied visitation to the grandparent, or when a parent or parents unreasonably deny visitation to a grandparent for more than 90 days. 0 attorneys agreed. The parent seeking “full-custody”, to become the sole care giver, must prove to the courts that the other parent is unfit to care for the children. 1 0. Be specific in your request. it is necessary because the child’s present situation is mentally or physically harmful for the child; or I like to say child custody issues are never done until the child turns 18. In Texas, a grandparent can’t obtain custody of a grandchild unless there are serious concerns about the child’s welfare or unless the parents consent to a change in custody. Now I see that I made a grievous mistake in doing so. may be in your best interests if you are attempting to obtain child custody rights over a niece or nephew. The new custodian can vary depending on the situation. Family visits usually begin as hour-long weekly sessions. The maternal aunt's son molested the niece being placed there & this case has been ongoing 12 years with little improvement. This most often happens with the closest living relative, such as a grandparent, aunt, or uncle. Asked on 11/29/13, 7:09 pm. Unfortunately, no, you do not have visitation rights. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Custody rights in Texas extend past a child’s parents.The court may rule that grandparents can receive custody of a child after both parents die. I found this (very long) article on the web. 1 Answer from Attorneys. it is necessary because the child’s present situation is mentally or physically harmful for the child; or As the case continues and the birth parents complete different court ordered tasks, they earn more contact with their children. This would prevent the need for foster care. It’s also possible for grandparents to receive custody of their grandchild if both parents are ruled unfit to care for the child. 0 users found helpful. Father's Rights. However, a grandparent can petition the court to request visitation with a grandchild. Aunt and Uncle rights are very similar to grandparent visitation rights. Lv 6. Child custody issues can be modified in Texas by the court that made the initial custody decision. Asked on 12/25/06, 11:41 pm. His Grandparents, my parents, have recently gotten custody and because of a disagreement, they will no longer let me see him. a child’s great-grandparent, grandparent, uncle, or aunt can file for managing conservatorship if there is “satisfactory” proof that: . And grandparents can’t file custody suits in Texas—they can only intervene in the parents’ custody case. When a family splits up because of a divorce, the child's mother and father are not the only family members affected by the separation, and the family court system typically does not consider aunts and uncles when they decide visitation rights. I hope you and your family finds peace with each other. However, from a legal standpoint, godparents have no more rights than any other friend or family member. My neice and nephew have been in my life since the day they were born and now the parents have not let me see or spend time with me just because they don't like me. It's been mishandled and with each case worker, the situation worsens. In Texas child custody agreements where there is a primary custodial parent and a noncustodial parent with visitation, the issue of relocation can be a difficult one. Despite custody agreements, some fathers are repeatedly denied visitation as outlined in the agreement. 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