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I want visitation w/my niece (my sister died)! Nevada

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  • I want visitation w/my niece (my sister died)! Nevada

    Hello and thank you in advance for any help you may be able to provide.

    I live out of state and would like to set up legal visitation through the courts (Vegas) to see my niece.

    My sister died nearly two years ago and her ex-husband stopped letting me see her when his new wife adopted my niece. He's cut off almost all ties to her side of the family.

    What do I need to do to set up visitation? I am desperate, as I only have a few chances a year to see her and the last one just passed. My 8yr old and 5yr old daughters adore their cousin and were unable to see her during our last visit to Las Vegas.

    Please help!!!

    Thank you.

  • #2
    You could try to petition for visitation through an attorney... but it will be long, costly and iffy at best. I know of no cases where an aunt was given visitation. Doesn't mean it can't happen... but the odds are overwhelmingly against you.

    Have you talked to their dad? Offer a week of time in the summer that dad and the new mom can use to go on a vacation of their own. Be prepared to pay the transportation charges if agreed.

    Sorry... but the best way is to make dad see the light.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

    Comment


    • #3
      Thank you for your reply.

      I have tried several times in the past (specifically for this trip: for 2 weeks before our trip to LV and the whole week we were there) to get ahold of him and/or his wife. They will not answer my calls, nor will they return them.

      They were letting me see her after my sister's death, up until his new wife adopted her. Now they refuse. I can't even get them on the phone to talk about it. I can't imagine never seeing my niece again. It absolutely tears me apart.

      Your answer was not the one I was hoping for, but I do appreciate the reply!

      Comment


      • #4
        Then you can go the legal route... but there are limits to the amount of familiar obligations the court can require of the father.

        In fact, her grandparents have a much better chance... can your mom and/or dad file? And then you could see your niece on their time?
        Not everything that makes you mad, sad or uncomfortable is legally actionable.

        I am not now nor ever was an attorney.

        Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

        Comment


        • #5
          They did file. But somehow my parents weren't able to get visitation alone or with an impartial person. So, the visitation had her parents present and was very stressful/created a lot of tension. My parents said they could physically see the affects it was having on her.

          My parents didn't like the effect it was having on my niece and decided not to pursue it. I do not agree with their decision and want to visit my niece and have a relationship with her.

          There is a lot of negative history between my sister's ex-husband and my mom and dad. There is also a lot of negative history between my deceased sister and them. I have had no negative relationship (other than not being as involved as I should've been early on) with them at all.

          So, I either have my parents pursue it or spend a lot of money to be told I can't see her ever again.

          That's just wonderful....

          Comment


          • #6
            unfortunately that is how it works. Grandparents rights could be enforceable in the situation, but I have never heard of any other rights. It could be possible for you to try, but you have to prove how not having a relationship is not in the child's best interest. Best of luck. As a last resort, you can contact her when she is 18

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            • #7
              I am not trying to give you false hope. However, Nevada does CURRENTLY (they are trying to change the statutes) allow for any interested 3rd party visitation rights. It's still a long shot if you cannot show that you had a meaningful and strong relationship with your niece. It will still be expensive. It is NOT out of the question. Your best bet is to talk to any atty to find out if you have a reasonable shot at prevailing in court before you try to do anything.
              HOOK 'EM HORNS!!!
              How do you catch a very rare rabbit?
              (unique up on him)
              How do catch an ordinary rabbit?
              (same way)

              Comment


              • #8
                And let's not forget that he is allowing some contact... the OP just wants more.
                Not everything that makes you mad, sad or uncomfortable is legally actionable.

                I am not now nor ever was an attorney.

                Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                Comment


                • #9
                  No Cyber he is NOT providing contact at all any longer. He has in the past. He is refusing to make contact with myself, my sister and my parents.

                  Thank you all, for the advice. I plan on speaking to an attorney. I have had a relationship with her, just not as extensive as I think it should have been, in hind-sight.

                  Either way, I want to have a relationship with her and will do anything I can.

                  Thanks again and please keep the advice coming!!!


                  PS. If anyone out there has the name and phone number to an awesome family law attorney in Vegas I would really appreciate it.

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