Legal Question in Family Law in New York

subject

I live in nEW yORK STATE AND MY SISTER LIVES IN nEW jERSEY.I would like to visit with my nephew but my sisters husband doesn't like me and he won't give my sister permission to have him visit. My sisters says it's ok, but b/c they're married he says no. They live in seperate houses and my brother in law has been physically and mentally abusive towards my sister that's why she left. I want to be able to pick him up during the summer months b/c i have been a constant in his life since birth. He tells me all the time that he wants to visit. Hell people send their kids to camp with people they don't know why can't I visit with my nephew. I belive it's all a matter of control with her husband. He even gave me a black eye when I visited. I suppose he didn't like the fact that I would visit. He wanted (and succeeded)alienating my sister and my nephew from my side of the family. Now this is another ploy of his to feel incontrol of the situation. Please help me!!


Asked on 7/05/05, 4:50 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: subject

Please help you to do what?

If a child's parents either one or both forbid your contact or visits with their child/ren, regardless of their reasons, and regardless of your relationship with the child, that should be the end of it, for you.

You do not have any rights in the matter of what your nephew does or does not do. Further, your insistence on disregarding your nephew's parent's objections to your contact with their child, could be viewed as a form of provocation and harrassment.

Get counseling.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 7/07/05, 11:27 am


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