Question: I had a close relationship with my sister's son. But my sister died in an accident and now her husband wants to prevent me from seeing my nephew. Can I get visitation rights through the courts?

Answer 1/2
It depends entirely on what state the child lives in.

Some states have fairly broad laws regarding who can be given visitation rights. In Georgia for instance, grandparents, aunts and uncles, and even non-relatives can be granted visitation rights.

If the child lives in a state where visitation rights can be granted to an uncle, the court will probably use the "best interest of the child" standard in making a ruling.

What this means simply is that the court will grant the visitation rights if the child is better off with such visitation than without it. One factor that can influence this decision is if the child and the person seeking visitation rights had a strong, pre-existing relationship. All claims will have to be proven in court and courts are strongly biased in favor of biological parents.
by Mrs JW
Answer 2/2
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