keeping this out of court is not an option, unfortunately. My 18-yr old daughter hasn't seen her younger half-brothers and sister in a year and wants to keep in touch, but her father and stepmother will not cooperate. Does she have a legal, arguable case to establish visitation rights?
2007-07-20 04:58:27 · 9 answers · asked by Debora C 1 in Family & Relationships ➔ Family
has she seen her father and stepmother in the last year? if not u hav a case. kids hav 2 b able 2 see the other parent every 2 months at least. i hav not heard a case like this b4, but in the eyes of myself, i believe she should be able 2 since they are imediate family.
2007-07-20 05:04:52 · answer #1 · answered by Anonymous · 0⤊ 1⤋
"legal" has no meaning here. That is, I know of no specific laws that encompass siblings directly.
However, there is precedent ("arguable") - in that other relatives are considered part of a kid's support structure and the child suffers without them. Usually this comes in the form of grandparents, but I see no reason why it wouldn't apply to siblings - particularly older ones.
However, you would need to prove that IN THIS CASE (not just generally), the kid thrives better with the daughter available than not.
2007-07-20 05:02:59 · answer #2 · answered by Elana 7 · 0⤊ 1⤋
<<< not a lawyer. I've never heard of a case where half siblings have had legal rights to visit each other. But I don't think it's right to keep them apart. Talk to your lawyer.
2007-07-20 05:02:15 · answer #3 · answered by dusmul78 4 · 0⤊ 0⤋
That depends on where you live. Some states allow a sibling to *petition* for visitation rights (which of course is no guarantee it will be granted) and other states do not.
2007-07-20 05:49:37 · answer #4 · answered by kp 7 · 0⤊ 0⤋
Not really she could probably see them on the sly but I don't think any judge will allow visits to a sibling if the parents object.
2007-07-20 05:05:58 · answer #5 · answered by outtaonesmind 1 · 0⤊ 1⤋
Assuming you're in the US, it varies greatly from state to state. Her best bet is to contact a local attorney who specializes in family law.
2007-07-20 05:02:06 · answer #6 · answered by Samantha 3 · 1⤊ 0⤋
I don't think she has visitation rights, but ask an attorney to make sure.
2007-07-20 05:01:04 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I would assume so...they do have Grandparents rights. I would definitely get legal advise. Good luck!!!
2007-07-20 05:03:18 · answer #8 · answered by sambellarose 2 · 0⤊ 0⤋
Go talk to a lawyer.
2007-07-20 05:01:08 · answer #9 · answered by janicajayne 7 · 0⤊ 0⤋