Q: What are the costs of getting visitation for my nephew? Is the process long? Please help me!
My sister had multiple mental diagnoses and does not care for my nephew alone. She has no job and relies on others to care for my nephew. I provide him with clothes, shoes, car seats, etc. I would like to petition the court for visitation because my sister denies me access to my nephew. I’m worried about his living situation as my grandmother is a severe hoarder. I would like every other weekend. He has a very strong bond with my 2 kids and my home is his second home. My main concern is that my sister will withhold him from visiting with us because she is mentally ill. How can I go about this?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
To seek visitation rights for your nephew, you'll need to file a petition with the court. California law allows close relatives, such as aunts or uncles, to request visitation if it's in the child's best interest. In your case, given your involvement in providing for your nephew and the bond he shares with your children, this could strengthen your petition.
The process involves filing paperwork, attending hearings, and potentially mediation to determine what's best for the child. Costs can vary, but they typically include court filing fees, and you may need to pay for any legal assistance if needed. The timeline can take a few months, depending on the court’s schedule and whether the process becomes contested.
If you're concerned about your nephew's living environment, that could be relevant in court. You'll need to present clear reasons for why visitation with you is important for his well-being. Keep in mind that the court’s primary focus is always on the best interests of the child.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
