Question:

Under Texas Family Laws, the rights of the Grandparents is mentioned. But what about the rights of the aunt?

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To set this up, there was an argument in the family between my younger brother and our sister's fiance that took place seven months ago on the job. But it was minor, and swept under the rug. However, my sister's fiance kept it going by using other members of the family who have no business being brought into something that was let go. Now, seven months later - to which my sister and her fiance moved out of state - it's escalated to the entire family. My mother, father, younger brother, and myself have received threats of physical harm and death from my sister's fiance and his brother. We've already dealt accordingly with that, but considering it's escalated to the enitre family - when my mother, father, younger brother, and myself have refrained from contact with my sister and her fiance and his brother for over a month now - my other brother has decided to deny the right of my mother, our father, our younger brother, and me from seeing his one year old daughter, my niece. Stating that it's a poisonous enviroment.

However, he, his girlfriend, and daughter visited us three weeks ago and everything was okay. The situation wasn't brought up, because what's done is done and over with and in the past - it's time to move on - and they're not apart of it. Everyone was fine.

My niece - who is very attached to me - like any other infant, can tell when their enviroment is uncomfortable, and in turn will show signs of distress. Which never happened. She played, laughed, and danced to any music she heard. At the time she was 11 months old. But mainly stayed by my side, if not wanting to sit in my lap - as she's very attached to me. I can't help that, she's been like that since she was a week old.

And a week later was her birthday, to which my father and I only attended due to my mother and younger brother being ill. Everything was okay.

Out of nowhere, considering my parents, younger brother, and I don't have contact with my sister and her fiance and his brother - my other brother writes on his online journel that the situation is stupid and he will not put his daughter through that and surround her with it (which I understand) and says we won't be seeing her again. But it doesn't make sense when it concerns us, because we never did anything to make the enviroment hostile toward them or my niece. Never once.

Now, I do know that under Texas state law there are rights of the grandparents - though not too clearly defined - and I want to know if those rights can be extended to subsequent family members like the aunt and uncle.

And I do know that parents have the right to make decisions which are best for their child(ren). That goes without question. But when neither of us (this includes my other brother and his girlfriend) bring up the situation, share the same house and everything together and joke and laugh as always, and then THIS happens, how does one respond?

I am serious when I say that I haven't contacted my sister and her fiance (I don't even talk to her fiance's brother) by any means for over a month. Neither has my parents and younger brother. Talking won't help.

Anyway, are there any rights of subsequent family members to the child? I love my niece unconditionally and would never see any harm come to her, nor would I compromise her emotional and physical safey. I love my niece as if she were my own child. I don't want her to go through her life not knowing/seeing me, and me not seeing/knowing her.

What can I do? Is there a way legally to get visitation? I've nothing else to lose.

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5 ANSWERS


  1. You have no such legal rights.

    You are beating a dead horse. Wait another six month and invite somebody for dinner or something and say let's forget it.  


  2. I am not a lawyer, but have spent A LOT of time, relating to 3rd party custody battles, here in Texas.  I can give you the short answer, which is, BY LAW, I do not know of any provision for any other family member to contest custody or visitation.  

    Grandparent rights, in reality, are themselves a sticky area. In one US Supreme court case, grandparent against grandparent, the ruling and opinions that came down, boiled down to this-

    grandparents DO NOT HAVE rights, under the US Constitution. Parents do, as long as they are not found to be unfit.  Not to be hurtful, but when you ask about "rights" of aunts/uncles, technically the answer has to be that they do not legally exist.

    Trust me.. I understand your hurt. I am the maternal grandparent to children, who were taken by the paternal grandparents, and even though I personally believe it was criminal.. I don't see a way for me to file, against the other grandparents.  I have no standing (legal authority to file), based on how it is written.

    To be completely honest, I don't personally agree that ANYONE should be able to get court orders for visitation, because (to me), it does violate the parents rights to make choices. I am not saying that those choices are fair or moral.. but the law does protect that. I guarantee you, no one here knows better than me, how desperately it hurts.

    You have nothing to lose, if you get a consultation with a lawyer, who MIGHT know of a different approach.  I am just giving you my opinion, that there isn't one.  

  3. As as a parent is alive  - there is no grandparent right.  The parent(s) have control of the children, and are perceived as looking out for thier best interest.  

    If you are really wanting to see the child - best suggestion would be to fix the problem.  

    The force of law will only make things worse.  In your case you have no standing to pursue this issue by force using the law.

  4. No you do not have any rights for visitation as the aunt. Unfortunately the only way you will be able to see her is if the relationship between you and the parents straightens out.

    I hope you and your family finds peace with each other.

  5. I found this (very long) article on the web.  Basically, if the parents are both alive, there are no rights that would extend to aunts and uncles.  It also explains granparents rights a little better (toward the end).

    http://www.vernerbrumley.com/downloads/G...

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