Legal Question in Family Law in Kentucky

Aunt/Uncle Visitation

My brother has four children, ranging in age from 4 to 14, from his 1st marriage and has joint custody with his ex-wife. My brother has had some disagreements with our entire family in which we are no longer speaking. He has told his four children that they are not allowed to speak to, write, or see anyone in our family. We have communicated with my brother�s ex-wife. She has said that we could see the children, but we still receive no calls. I received a letter from one of my nephews stating how much they miss us and want to see us, but that their Daddy (my brother) has told them that they can�t see us, talk to us, or even receive letters from us unless we work out our disagreements with him.

I have done everything with these children, ranging from taking them on vacation with my family to Myrtle Beach to taking them to the circus, and very much want to spend time with them. Unfortunately, I don�t see us working out our disagreements with my brother anytime soon.

I see many questions and answer regarding Grandparent�s rights to visitation, but is there anything regarding Aunt/Uncle rights to visitation?


Asked on 7/23/03, 10:30 am

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Aunt/Uncle Visitation

Being deprived of family contact is difficult. The law considers the parent to be the final decision maker with respect to with whom the child has contact. Up until a few years ago Grandparents would attempt to force some visitation by court action. These proceedings were dismissed for the reason that the Grandparent had no "standing" to bring the action. Only a parent could. Recently, the legislature passed law that gave the Grandparent "standing" to bring the action and allows visitation only if it is in the best interest of the child to do so. The Court has to find some reason to go against the parent's wishes. In most cases, just wanting to see the children is not enough. In the case of extended relatives such as you, there is not much hope. Of course, the mother of the children could allow such visits, depending upon the divorce structure in their case. You may want to discuss this with a local attorney who is in touch with how the local courts feel on the subject. Everyone has an opinion.

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Answered on 7/23/03, 12:18 pm


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