Q: My sister tragically passed in a fire (10/12/23). Do we have visitation rights to her daughter (12 yrs. old) ?
Her father has never done much for her and she stayed with us ALL the time for months on end. We fed her, clothed her, housed her, etc. Her dad came and stole her from us (lied and said someone was looking for her and came by his house in an unmarked car and left a note from the city). He did this the day after my sister passed away. She didn’t wanna go and none of us wanted her to go. Fast forward, he doesn’t let us see her, talk to her or anything. She sneaks to call us and she even said she thought she would have a breakdown because she needed to see us. He won’t allow her to talk to anyone outside of the house. The last we heard from her was that they barely have food most times, she sleeps in a little makeshift room in the closet, and he beats her by hitting her in the face and stuff. We called CPS and her and her brother also reported but nothing. They were divorced with joint custody. He got his green card at least 12 years ago when marrying my sis. My mom is heartbroken.
A:
In Texas, grandparents and other close relatives can seek visitation rights, especially under circumstances where the child's welfare is a concern. Since you've been a significant part of your niece's life, providing care and support, this can strengthen your case. However, obtaining visitation rights can be challenging, as the law typically favors parental rights.
Given the serious concerns about your niece's well-being, including the allegations of abuse and neglect, it's crucial to take legal action. You might consider filing for custody or guardianship, particularly if you can provide evidence that living with her father is not in her best interest.
The fact that her father has a green card and their parents were divorced with joint custody might have implications on the case, but it primarily hinges on the child's best interests and welfare.
Since child custody matters are complex and vary based on individual circumstances, it's advisable to seek guidance from an attorney with experience in family law and child custody cases. They can help navigate the legal system, represent your interests, and work towards ensuring your niece's safety and well-being.
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