Legal Question in Family Law in Washington

what rights a an aunt do I have for visitation to see my nieces?

Asked on 3/07/10, 9:16 am

2 Answers from Attorneys

Thuong-Tri Nguyen Thuong-Tri Legal Services, PLLC
0 users found helpful
0 attorneys agreed

Unless the court finds the legal parents to be unfit parents, the legal parents generally have the right to determine who will see their children. Therefore, an aunt has no legal right to access to the children unless the court determines that the parents are unfit and it would be in the best interest of the children to have visitation with the aunt.

You should review your specific facts with your attorney to see what legal options you have.

Read more
3/12/10, 9:30 am
Gary Preble Preble Law Firm, P.S.
0 users found helpful
0 attorneys agreed

There are two issues involved: custody and visitation. If the parents are unfit or placement with an otherwise fit parent would have a detrimental effect on the child, a non-parent can gain custody against a parent.

As to visitation, however, when the parent is not unfit, your chances are slim to none.

If you are interested in the reasoning of the court, the main case in this matter is Custody of Smith at http://caselaw.findlaw.com/wa-supreme-court/1110911.html. It went to the US Supreme Court under the name of Troxell v. Granville, at http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=99-138 (There is a Wikipedia article at http://en.wikipedia.org/wiki/Grandparent_visitation which gives a decent summary, but the Custody of Smith case gives the best analysis for your purposes.)

The WA legislature tried to change the law, but the WA Supreme Court again upheld the Smith ruling in Parentage of C.A.M.A. at http://caselaw.findlaw.com/wa-supreme-court/1076581.html

Read more
3/14/10, 9:38 pm

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Washington

Looking for something else?

Get Free Legal Advice

88273 active attorneys ready to answer your legal questions today.

Family Law, Divorce, Child Custody and Adoption Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Michael E. HendricksonAttorney & Counsellor at LawAlexandria,
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now