Sister says I can't talk to my nieces, brother in law says I can. (legal, divorce)
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Without going into great detail I do not talk to my sister anymore and haven't for a year in half. I have 2 nieces, ages 15 and 12.
Several times she has told me I cannot talk to or contact my nieces. After time goes by and my nieces, who I have been very close with, complain enough she has allowed them to contact me. Then we have another argument and she once again forbids me to contact him.
On the other end my brother in law, who has been on my side throughout the entire time and who I am still in contact with and close with, has said I can have a relationship with my nieces.
My BIL just informed me they are getting a divorce.
If one parent says I cannot contact their children and the other one says I can, what is the legality of contacting them?
I think I'd stick to letters and cards rather than going against their mother's (your sister's) wishes. I just wouldn't want to create a lot of needless drama for them. It sounds as though they've got a lot going on as it is...
I am sorry, but it is rather petty of your sister to keep her children away from you, their uncle, just because she may be upset with you (depending on what her reason is for being mad at you; ie drug involvement, gang involvement, criminal record)
I don't know if there is any legal issue here at all.
When they divorce, if the kids are with him, you can see them all you want.
Once she files a restraining order, that will be a different story.
She's going to have to give cause on why she wants one. The judge will laugh her right out of the court room with that one. My daddy said one time in court a woman came in asking for restraining order on her grandmom because grandmom fed her kids candy.
Why care??...just contact them....with, or without anyones "permission".
I agree with this one. Unless you get a restraining order, what can anyone do to you? I don't think you should duck out so as to not cause drama for two reasons:
1. Your sister seems like the kind of parent to create drama regardless. Just the fact that she goes back and forth from saying "Okay, you can talk to them" to saying "Don't talk to my kids!" screams 'bad parent' to me, sorry.
2. They may need your guidance along the road. I dare say they won't be getting sufficient and proper guidance from their mother.
It would seem you can have family times with your brother-in-law and the kids after she's out of the picture and he has visitation.
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