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Niece not allowed to contact her fathers family (my side) SC

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  • Niece not allowed to contact her fathers family (my side) SC

    My brother and his daughters mother have not been together for some time now. She is even remarried. However, since they were never married he can not seem to obtain a copy of her birth certificate. She has been staying with her mother and step-father for the past several years with out any legal visitation papers being put into place. My brother has had a few ups and downs with employment and can not afford a lawyer. No one in our family really can. My nieces mother will not allow her to contact us at all. My brother used to go have lunch once a week with my niece at her school about 2 years ago. The new school that she goes too will not let him see her with out proof he is her father (Even though they have the same last name. duh!) I have not seen my niece in going on 4 years now. She will be 15 this year. I sent an invite to her mothers great grand mothers address as well as the address I found for her mother for my wedding this past Feb. They did not call or bring her at all. I miss her as well as my parents (her fathers parents) I am only 24 myself and do not know what to do. Her parents had lost custody of her a few years ago for physical abuse but took some class to get rights back. At that time my niece stayed with her great grandmother and we were able to see her. I want to be able to see or atleast talk to her on the phone. What can I do? Just because my brother may not be the best dad in the world can she really keep the rest of the family from contacting her? :-(

  • #2
    Originally posted by snowflake View Post
    My brother and his daughters mother have not been together for some time now. She is even remarried. However, since they were never married he can not seem to obtain a copy of her birth certificate. She has been staying with her mother and step-father for the past several years with out any legal visitation papers being put into place. My brother has had a few ups and downs with employment and can not afford a lawyer. No one in our family really can. My nieces mother will not allow her to contact us at all. My brother used to go have lunch once a week with my niece at her school about 2 years ago. The new school that she goes too will not let him see her with out proof he is her father (Even though they have the same last name. duh!) I have not seen my niece in going on 4 years now. She will be 15 this year. I sent an invite to her mothers great grand mothers address as well as the address I found for her mother for my wedding this past Feb. They did not call or bring her at all. I miss her as well as my parents (her fathers parents) I am only 24 myself and do not know what to do. Her parents had lost custody of her a few years ago for physical abuse but took some class to get rights back. At that time my niece stayed with her great grandmother and we were able to see her. I want to be able to see or atleast talk to her on the phone. What can I do? Just because my brother may not be the best dad in the world can she really keep the rest of the family from contacting her? :-(


    You have no inherent rights at all and not even standing to sue for visitation.

    You would be expected to see your niece on your brother's visitation time.

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    • #3
      I understand that but they do not allow her to see him either and there is no court order requiring he get visitation at this point. He had visitation a long time ago, but since she has been back with her mom my brother has not been able to afford court fees to take her to court to order his visitation. I do not see why the child is kept from everyone when we are her family too. I am not the only one that misses her. She has two cousins (our sisters children) that ask about her sometimes, but all they know is we aren't allowed to see her.

      She even called my father from her school a few years ago saying that they were hurting her again, but when they went to her school (the teacher let her call him) they would not let my father or her father that was with him see her. There are noooo court papers saying that he is not allowed to her on file with the school but because he can't get her birth certificate and has no money for a lawyer that poor child is missing out on a big portion of her family.

      Sorry it just upsets me sooo much that I can't contact her and she was not able to come to my wedding. I was only 10 when she was born and I was the youngest so she was kind of like a lil sister to me in a way growing up.*sigh*

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      • #4
        Originally posted by snowflake View Post
        I understand that but they do not allow her to see him either and there is no court order requiring he get visitation at this point. He had visitation a long time ago, but since she has been back with her mom my brother has not been able to afford court fees to take her to court to order his visitation. I do not see why the child is kept from everyone when we are her family too. I am not the only one that misses her. She has two cousins (our sisters children) that ask about her sometimes, but all they know is we aren't allowed to see her.

        She even called my father from her school a few years ago saying that they were hurting her again, but when they went to her school (the teacher let her call him) they would not let my father or her father that was with him see her. There are noooo court papers saying that he is not allowed to her on file with the school but because he can't get her birth certificate and has no money for a lawyer that poor child is missing out on a big portion of her family.

        Sorry it just upsets me sooo much that I can't contact her and she was not able to come to my wedding. I was only 10 when she was born and I was the youngest so she was kind of like a lil sister to me in a way growing up.*sigh*

        Sorry hon, but it's up to your brother to go back to court and file to establish visitation.

        He doesn't need a lot of money to do this - he needs the desire. He can file pro se (without an attorney) and most courts have really decent self-help centers where he can find the right forms etc.

        Why exactly is he unable to get a copy of the child's birth certificate?

        Did your brother actually sign an affidavit of paternity? Is he actually legally established as Dad?

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