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Sibling visitation rights?

Started by snapplegirl69, Oct 25, 2005, 10:36:27 PM

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snapplegirl69

I have never met my two half sister from my father.I came into contact with their mothers address,and her husband called me.

Long story short,I dont know if he will ever let me meet them.Their mother lets everyone run her life.

I live in Massachusetts and as do they.We are all in Hampden county.



My questions are:

1.Can i receive siblling visitation rights?

2.Dont I have more rights then their stepfather to talk to these girls?

Thank you

socrateaser

>My questions are:
>
>1.Can i receive siblling visitation rights?

If you can show that the children would be harmed were you to be refused said rights.

>2.Dont I have more rights then their stepfather to talk to
>these girls?

No. Someone other than a parent who has established an actual parent-child relationship has a greater interest in the child than does some other legal stranger, even though distantly related.

snapplegirl69

>1.Can i receive siblling visitation rights?
>
>If you can show that the children would be harmed were you to
>be refused said rights.

I think all children should be allowed to be in contact with family.So pretty much even thought hey are my sisters,if he says no,then i will never be able to see them?But how do I know he has a greater interest in the children?

socrateaser

>>1.Can i receive siblling visitation rights?
>>
>>If you can show that the children would be harmed were you
>to
>>be refused said rights.
>
>I think all children should be allowed to be in contact with
>family.So pretty much even thought hey are my sisters,if he
>says no,then i will never be able to see them?But how do I
>know he has a greater interest in the children?

You are entitled to your opinions about how things "should" be. Nevertheless, the law is what it is, and you just have to deal with it.

Under constitutional law, a biological parent only has custodial/visitation rights if that parent attempts to establish and maintain a parent-child relationship with the minor child. So, the step parent in your case would have a greater interest in the children by virture of his ongoing actual parent-child relationship, than even that child's actual biological parent, if that parent had not maintained a parent-child relationship with the child, or if that parent, knew of the child and never attempted to establish such a relationship.

You can petition the court to establish visitation on grounds that you have a biological connection to the children, and you would like to establish a relationship. But, if the legal guardians of that child object, then it falls to you to prove that the child will suffer some actual or reasonably likely harm if your request is not granted -- otherwise, the court must deny your petition.

Your best bet is to try to work out arrangements with the child's parents. If you try to force your way into this child's life, via court action, it is my opinion that you will lose.