Fresno, CA asked in Family Law for California

Q: Do I have any rights an an Aunt?

Visitation rights?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, as an aunt, your rights regarding visitation with a niece or nephew are not automatically established like those of parents. However, under certain circumstances, you may petition the court for visitation rights. California law does recognize the importance of children's relationships with extended family members, but these rights are not guaranteed and are subject to the court's discretion.

The court's primary consideration in these matters is the best interest of the child. When deciding on granting visitation rights to an aunt, the court will consider factors such as the existing relationship between you and the child, the impact of such visitation on the child's well-being, and the wishes of the child's parents.

If the child's parents are opposed to the visitation, it can be challenging to obtain these rights. The court usually gives considerable weight to the parents' wishes unless there are compelling reasons to override them.

If you're seeking visitation rights, it might be beneficial to first try resolving the issue through dialogue with the child's parents. If an agreement can't be reached, then the next step may be to consult with an attorney who can help you understand your options and guide you through the legal process of petitioning for visitation rights. Remember, each situation is unique, and legal advice should be tailored to the specific circumstances of your case.

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