Legal Question in Family Law in New York
Grandparent, Aunts, and Uncles, do we have rights too?
To make it short and simple, my sister in law, my brothers wife (they are still married) can be hard to get along with. When we (my family) upsets her, the way she punishes us is by not letting us see her kids. Is this legal. Can we take legal actions? To further explain, in a recent situation she asked my mother to help her watch her two kids because she hurt her ankle and could not care for them on her own. My mother did not want to because it required her to stay over nite at their house and at this time my father had just passed away (within a month) and she also has a dog that she had no one to care for. Of course my sister in law doesn't like dogs so it was not an option to bring the dog. Not to mention that my mother was having some things repaired in her house and she had to be there on one of the days that my sister in law wanted her to help watch the kids. So to sum up for the last 6 months we have not been ALLOWED to see the kids. She has a little boy who is 6 and a girl that is 1. The boy knows us all very well, but the girl does not. I would really like to get to know my neice and her grandmother would like to know her granddaughter. Can we take legal action?
thank you
3 Answers from Attorneys
Re: Grandparent, Aunts, and Uncles, do we have rights too?
Third parties do have visitation rights in New Jersey, however, the standard is very tough. As the parent, she has the right to make these decisions. Where is your brother in all of this? If you wish to further explore this issue, please feel free to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.
Re: Grandparent, Aunts, and Uncles, do we have rights too?
I would expect that between the two lawyers who have responded to your question you have been adequately answered.
Gary Moore
800 273 7933
Re: Grandparent, Aunts, and Uncles, do we have rights too?
Grandparent "rights" to visitation actions in many states, are seeing an increase (and some sucess). However, these proceedings are ill advised. In a word, just plain wrong.
Love the children at a distance. Send cards and gifts if you like, to keep a presence in their lives. But, leave them and their mother alone, for now. No good can come of you or your family's interference in their lives.
If you win in court, you and the children will loose much more than you anticipate.
The mother can and will seek to "poison" any relationship you may attempt with her children, if She does not control it. Even if it hurts her own children. BELIEVE IT! The acrimony resulting from such a suit, will indefinitely continue, since you would be effectively telling this woman what she should and should not think, feel, or do with respect to her children.
GOOD LUCK.
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