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Sibling Visitation Rights


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#1 InspiredKea

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Posted 10 August 2010 - 11:39 AM

I want to find out information about sibling visitation rights. I am a 22 year old college student. My mother has cut all ties with the entire family. Last year she was charged with child endangerment after leaving my sisters in a laundry mat for over an hour. There have been three DSS cases on her but all were closed based on no evidence. I believe my mother is mentally unstable and I am very concerned about the care of my sisters. My father died of lung cancer 6 years ago and my youngest sister's father went to DSS to report my mother's behavior but nothing was done. Are visitation rights possible for me?



#2 pg1067

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Posted 11 August 2010 - 02:41 AM

Depends on the laws of your unidentified state.



#3 missingmyhubby

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Posted 11 August 2010 - 06:25 AM

you have no rights of any kind to your siblings. the only thing you can do is make nice with mom, she controls who has contact with HER children untill theyre 18.  if she wont let you have contact with them, theres nothing you can do, if you persist, she can get a restraining order on you, violate it and you go to jail.

#4 pg1067

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Posted 11 August 2010 - 07:40 AM

missingmyhubby said...

you have no rights of any kind to your siblings. the only thing you can do is make nice with mom, she controls who has contact with HER children untill theyre 18.  if she wont let you have contact with them, theres nothing you can do

Wrong (as ususal).  Many states would allow a sibling to seek visitation over the parent's objection under some circumstances.  Without knowing what state the poster is in, any sort of substantive response is ignorant.



#5 Fallen

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Posted 11 August 2010 - 08:09 AM

It's not clear why the father of any of the kids would think DSS is his only option vs., say, uhm, filing a petition about it in family court. 

Yes, visitation rights are possible, but you'd want to discuss with a local family law attorney.  It's either that or spending quite a bit of time in a local law library, or sweet-talking the family court clerk where your sibling(s) live into showing you case files where siblings have sought visitation rights, and whether the court has fill-in forms available, etc.


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#6 FindLaw_Michelle

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Posted 11 August 2010 - 10:18 AM

Where are you and your siblings located?


#7 InspiredKea

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Posted 12 August 2010 - 04:22 AM

Thanks to everyone who posted a reply. I truly appreciate it! My sisters and I are located in South Carolina. My youngest sisters father does not have a permanent residence and is living with his mother, so I feel this is why he has not petitioned the court. I have asked him numerous times but I fear that he is on the same path as my mother and knows if he takes her to court, she could prove he is also an unfit parent. I came across sibling visitation rights on the internet and my next step is to seek an experienced family lawyer. To the lady who said I should make nice with my mother, that is not possible. She does not associate with any of her family, including her own mother. If you knew the severity of this situation you would not post a comment like that. I do appreciate your opinion though.


 



#8 Fallen

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Posted 12 August 2010 - 04:44 AM

You can first visit the relevant local family court to the kid(s) and see whether there are booklets or self-help forms vs. spending a lot of money on an attorney.  If you can't sweet-talk clerk(s) into helping, then bite the bullet and seek counsel.

Truth be told, no reason why if necessary you can't seek full or partial custody yourself if the father's not interested.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#9 Fallen

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Posted 12 August 2010 - 04:46 AM

You can also pester the director of the DSS (or his/her boss at the state house) and politely point out that someone's missing something in their "investigations"; you can do this in writing and show that copies have gone to your legislative representatives.  (You can also reach out to the latter directly and ask for their assistance with the DSS.)

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)





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