Legal Question in Family Law in New York
Do I have rights to visitation as an aunt granted guardianship?
Upon the death of my sister in 11/2003 my brother in law asked me to raise their two children,ages four and six.He signed a letter of consent.I obtained guardianship papers from Family Court.The children resided with me in Nassau County. Their father continued to reside in Westchester County. He maintained vistation with them every weekend.One weekend in 08/2004, he came to pick up the girls following routine, and decided he was not bringing them back. It was understood, verbally that I would be able to maintain physical and verbal contact with them. I found out in 10/ 2004,that they were not living with him but infact living with a friend of his,whom, I do not know. The last time I saw them was 09/25/2004. For a period of time I maintained phone contact with them,I would call or they would call. Shortly aftewrards he instucted the woman that I was to have no contact with them. I have made numerous attempts of trying to locate their were abouts but I have come up empty.During the holidays I called the house via *69 requesting a mailing address for their presents, and the woman threatend me then hung up. He has not returned my calls. Prior to this we had a good relationship. Do I have a right to contact/vistation?
2 Answers from Attorneys
Re: Do I have rights to visitation as an aunt granted guardianship?
If you have guardianship orders you have more than just a right to visitation. you can call me at 516 466 5297 for a free teloephone consultation
Re: Do I have rights to visitation as an aunt granted guardianship?
This is a difficult situation. You have more than mere 'visitation' rights. Your complete rights are indicated by the guardianship order and the consent.
It is possible that you are the person with custodial rights and he may be prosecuted for kidnapping.
The guardianship and consent forms will indicate the situation.
You are welcome to a consultation for no fee.