Sibling Visitation Rights

**BLM89** · 05-27-2011, 06:33 AM

My question involves a child custody case from the State of: MASS

hi

I am writing seeking advice regarding my husbands half siblings. The mother of the children passed several years ago and the children went to custody of the maternal grandmother since the father became unfit. Since then trying to locate the children, to even see them is extremely difficult. We know the school the kids go to, we just dont know their locating address. The grandmother refuses to let my husband and his siblings see the children. My husband and I have our own house, a child, stable jobs, and perfect records. We just want to be able to have visitation rights to see them and take them out to theme parks or whatever and shopping for new clothes. We just dont know where to begin....is it possible for us to get visitation rights?

**aardvarc** · 05-27-2011, 07:21 AM

Mass doesn't specify siblings as entitled to establish visitation with other siblings except in rare and very specific cases where an adoption outside the family has occurred. However, most family and probate courts tend to consider what's in the larger best interests of the children in question, and as the law doesn't specifically BAR your husband from seeking visitation, his best course of action will be to consult with a few family law attorneys in the jurisdiction where the children are currently residing. They will have the best feel of how the wind is blowing in the local courts and the liklihood of such a request being granted. He needs to know that unless he can prove to the court that his contact with these half siblings has been BOTH significant and recent, that he will have an uphill battle. What the court wants FIRST above all else is to maintain stability in the form of the status quo. If he hasn't seen them in years, then he really has no way to argue to the court that NOT visiting with them would be a shock, change, or negative immediate event.

**BLM89** · 05-27-2011, 07:33 AM

His siblings are young, 12 and under. Two are twins and we were at his sporting games two years ago and he knows my husband very well and was so excited to see him. One of them recenetly wrote in a writing contest at their school and won and the story talked about the animal missing his brothers and sisters and when they saw each other how happy they were. Its heart breaking because their mother always kept them together and wanted all the siblings to be close.

**Dogmatique** · 05-27-2011, 07:43 AM

So the last time your husband saw the kids was two years ago?

**BLM89** · 05-27-2011, 05:59 PM

yes two years back in 2009

**Dogmatique** · 05-27-2011, 06:18 PM

Then I don't rate his chances of getting court-ordered visitation.

Had he continued to have a strong bond with regular contact, he might have some standing.

**BLM89** · 05-30-2011, 06:59 AM

well he couldny have regular contact when the person who has custody just ups and moves all the time and you cant find them

**aardvarc** · 05-30-2011, 07:25 AM

The REASON that regular contact didn't occur isn't the issue. Siblings don't have standing rights to visitation with other siblings - that determination is left up to the parent or guardian (grandmother in this case). The courts only CONSIDER stepping in when there is risk of trauma to the child in breaking up strong standing relationships. A two year window is likely WAY too long for the court to consider at this point, even IF the contact prior to that point had been substantian and lengthy (ie living together). You can certainly confer with a few local family law attorneys, but based on what you've told us, grandma hold all the cards here.