Dads’ Rights Victory: In battle of aunts, our client gains time with orphaned niece
By Jeffery M. Leving
A 3-year-old girl tragically became an orphan when both of her parents died. She has aunts who are still living – and we had to fight for one of them to see her own niece.
I’ll talk about this case on my weekly radio show, the Dads’ Rights Legal Hour, 9-10 a.m. CDT Saturday, Sept. 9 on Power 92.3 FM.
After the death of the child’s father, one aunt was granted temporary custody of the child, and she prevented another aunt from the other side of the family from seeing her niece.
Before the death of the child’s father, the aunt who was being snubbed was actively involved in the child’s life. She saw the child daily, prepared meals for her, changed her diapers, took her to birthday parties, bathed her, took her to doctor’s appointments and otherwise provided for her needs. It was reported to me that she was devasted when the other aunt interfered with her loving relationship with the child.
When this aunt came to us for help, we encouraged her not to give up. We litigated the case. Detective Halick provided significant investigatory resources.
Months before retaining us, the disenfranchised aunt filed a petition pro se – meaning on her own, without an attorney – but she was making no progress toward her goal of seeing her niece. Once she retained us, we instantly filed a motion for visitation time.
When we appeared in court, we met with the adverse party in order to immediately secure visitation time for our client. The other aunt, who had previously refused to allow our client to have visitation time with the child, then finally agreed to provide our client with visitation time. Our client is now able to resume her active and loving role in her niece’s life.
I’m glad we were able to resolve this dispute between aunts on terms favorable to our client. This is an important victory, modified for broadcast, which will allow the loving relationship between the child and our client to build and grow.
It’s also a lesson about litigants going to court pro se, which our client tried, without success, before retaining us. As I’ve said before, it may be OK if you’re appealing a parking ticket, but for something as serious as time with your children, nieces and nephews or grandchildren, you need knowledgeable, experienced, fierce legal representation.
Congratulations to our client for not giving up hope.