Ok..so I have a nephew that i practically raised since he was born til he was about 2 1/2 and then his mom took him from he and moved away...he has been my world since he was born..and his mom and my brother dont get along at all!! i was the mediator between the 2 since he was born..and my brother's name is not on his birth certificate..now my nephew's mom has cut off all contact with me and wont let me see him at all!! its honestly just killling me everyday!! my brother has just givin up talkin or doing anything cuz he doesnt want to deal with her but i cant just leave it at that... is there anything i can do legally to get visitation or something so i can have contact with him??? I'm just totally lost and dont know what to do!!

NO THERE IS NOTHIN U CAN DO I KNO IT SUX BUT HER BEIN THE BIOLOGICAL MOM SHE HAS THE RIGHTS 2 HIM NO MATTER WHAT AND NO MATTER WHO HE HAS BEEN WITH I WENT THRU THE SAME THING WITH MY MOM AND DAD SO U CANT DO ANYTHING

I would think if your brother fights for a paternity test then he can get visitation and you could see your nephew that way.

hey lost ,josh & wendy r right its up 2 u r brother , but then again it also grandparhts rights to >>got to leave that water along

I have been where you are now,, You can take her to court,, Get visitation with the child every other weekend,, and three or four hours on holidays,Since you are the one that has raised the child since he was born,,,

it figures there's nothin i can do..i think she took him from me in spite of my brother...the sad thing is its getting taken out on him...he was callin me mommy when she took him and i tried to always correct him but i was the only one around...and now its been so long i'm worried he wont remember me when i do get to see him..

You should really speak to a knowledgeable lawyer in your area. You have not provided a lot of information here, and I am not a lawyer, but in many locales documented childrearing supercedes biological relationships. Delay in demonstrating concern for the child is generally frowned upon by the courts.

Biological parents can readily have parental rights revoked, restricted, or otherwise regulated by the courts.

yea i thought so but i still think i need to get paternity proved before i can do anything...but thanks you guys!!!

Its a shame that your brother didn't do something when she just left her son with you!! You could have proved that she was an unfit mother right there.
I would not just give up that easy...I would talk to someone. I would call an attorney....lots of them will talk to you for free and give you advice.
Good luck and I really do hope things work out for you. We need more loving family members like yourself wanting to become involved with the children.

Well, the way the law works in most states is that the only people who can sue for visitation are parents and grandparents, however, exceptions are made. I would think that your case might be an exception. As laws vary from state to state, county to county, the only way to know for sure is to talk to an attorney, but you would have to check in the child's county or state of residence, if the child doesn't live near you, a local attorney won't be able to help. And, I will say that if you do pursue this, it will be long, tedious and expensive. But, it might be able to be done. Good luck to you!

yea we are talking to a local attorney here..but he lives in tennessee now..thats about 10 hours away..my brother actually got served with child support papers last night so i think there might be some hope for me now...he said that if she wants to go after him for that then maybe he will try and go for custody...but if anything we will get visitation..so thanks you guys..it really helped to talk to someone about it and get some other opinions!!!

Good luck to you! Being served like that is great, he can demand to establish paternity (even though you all know he's the dad) then can either ask for custody or visitation.

tennessee? Let me save your brother a ton of money and heartache. I just finished my fifth custody battle with the abusive EX i was not married to. He lost all five battles. In TN we have a parenting plan. He would have to move within 100 miles to get custody. Thats the law. You cannot MOVE more than 100 miles of the noncustodial parent (married or not) or just lose custody. Fair? Far from it. My family has only seen my son ONCE when he was ONE. They are being robbed my childs entire life thanks to this law LOCKING ME DOWN like a common prisoner. As for child support...HA HA HA!! They dont work here. Dont worry much about that much either! I have lost THOUSANDS thanks to the NONenforcement of child support. LAZY HEFFERS.
I will say we have NO GRANDPARENT RIGHTS here in TN and in my case thats a GOOD THING. The grandma on HIS side has been a nightmare and caused the last FIVE battles. Custody AND child support are TWO different courts. You need to hire a private lawyer for custody and there is NO legal aide for moms like me who are disabled on a disability/retirement check. $3,000.00 is the standard retainer CASH UP FRONT. You have 30 days to come up with that money or you lose custody to the other party. Lets just say i have gone broke. BUT if my son was to go to the dad he would throw my son off on grandma who has no CLUE how to deal with autism or my sons special needs. A mamas boy is all the ex was along with very abusive physically. And he wonders why i LEFT him?!LOL Your brother CAN and DOES have rights for visitation and standard is every other weekend from fridays at 6PM to Sunday at 6PM but he must move here. If you want visitation that would be included in the weekends he has the boy. BIG HUGS! I am sorry but this is the law here. Its wrong and backwards but thats TENNESSEE!!!!!