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  1. #1
    Join Date
    Jul 2012
    Posts
    1

    Post Want Visitation Rights to My Younger Brother

    My question involves a child custody case from the State of: washington and california
    Hello. I have a question regarding custody of my brother. He is twelve now, but he was five when the following incident occured. My dad and his mom (he's my half brother) were unmarried when they broke up for various reasons. We lived in washington at the time. She took my brother and moved to california. My dad and I didnt know this was illegal at the time, and apparently we waited too long to report it. We have zero visiting rights and my dad pays her child support, and she is married and has a new child. My dad is a perfectly fit parent, as him and my mom share custody of me and its been that way for 16 years. My dad has talked to numerous lawyers and they all say that since my brother is now a california citizen, my dad has to be a citizen in order to fight for custody. Is this true? It doesnt seem very fair.
    My dad talks to him over the phone on occasion, and we've driven down three or four times to see him, but we havent seen him in four years. Something about that doesnt seem fair. Even if we dont get custody, shouldnt we get him for a few weeks in the summer at least? Sorry for grammar errors, I'm on my phone.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    19,271

    Default Re: Want Visitation Rights to My Younger Brother

    Yes, your brother is now a CA resident. However this doesn't mean that Dad can't file in CA to get an enforceable visitation plan. (Your Dad is misunderstanding what he was told, I believe).

    You have absolutely no standing to do anything at all. Dad needs to file where Mom and kiddo live. He won't be getting custody, either. But he can absolutely get a visitation plan...if he wants it.

    - - - Updated - - -

    Dad also needs to expect that he'll be visiting with kiddo in CA at least initially.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

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