Sibling visitation

[leannstone]

I live in the State of Texas but my 9 year old little sister lives in the state of Arkansas. I am wanting to see about getting sibling visitation. My mother passed in March of this year and her father supposedly got custody while and investigation was going on but I was not allowed to see the papers. He never lets me talk to her. I practically helped my mom raise her cause her dad wasnt around much cause hes an alcoholic. Im wanting to get the visitation so that i can actually see how she is and then go for custody. My family that lives there call me to see if I had heard from her and they know Im not allowed to talk to her. They dont get to see or talk to her anymore. Im constantly getting calls from friends thats shes no longer living with her father but with neighbors. Her father is never at home and last call i got his house is trashed.


What can I do if anything please let me know

[dannyt]

Originally Posted by leannstone

I live in the State of Texas but my 9 year old little sister lives in the state of Arkansas. I am wanting to see about getting sibling visitation. My mother passed in March of this year and her father supposedly got custody while and investigation was going on but I was not allowed to see the papers. He never lets me talk to her. I practically helped my mom raise her cause her dad wasnt around much cause hes an alcoholic. Im wanting to get the visitation so that i can actually see how she is and then go for custody. My family that lives there call me to see if I had heard from her and they know Im not allowed to talk to her. They dont get to see or talk to her anymore. Im constantly getting calls from friends thats shes no longer living with her father but with neighbors. Her father is never at home and last call i got his house is trashed.


What can I do if anything please let me know

dad doesnt have to let you see the custody papers, as you arent a party to it. as for visititation, dad controls who his daughter associates with untill shes 18. and if he says you cant see her, then you wont be seeing her. and you have no legal standing at all here. im sorry

[Ohiogal]

Originally Posted by dannyt

dad doesnt have to let you see the custody papers, as you arent a party to it. as for visititation, dad controls who his daughter associates with untill shes 18. and if he says you cant see her, then you wont be seeing her. and you have no legal standing at all here. im sorry

That is NOT true. Thanks for playing. She has standing to sue for visitation in both Texas and Arkansas though I have no idea who has jurisdiction exactly at this point. I can guess it would be Arkansas. Hence you are wrong. And I won't even say how wrong you are. Before guessing MAKE SURE YOU KNOW. Below are the statutes for Texas (first) and then Arkansas -- BOTH ALLOW SIBLING VISITATION.

§ 102.0045. STANDING FOR SIBLING.
SUBTITLE A. GENERAL PROVISIONS

(a) The sibling of a child may file an original suit requesting access to the child as provided by Section 153.551 if the sibling is at least 18 years of age.

(b) Access to a child by a sibling of the child is governed by the standards established by Subchapter J, Chapter 153.

Added by Acts 2005, 79th Leg., Ch. 1191, § 1, eff. September 1, 2005.

or

9-13-102
Title 9. Family Law.
Chapter 13. Child Custody and Visitation.

--------------------------------------------------------------------------------
9-13-102. Visitation rights of brothers and sisters.
The circuit courts of this state, upon petition from any person who is a brother or sister, regardless of the degree of blood relationship, or, if the person is a minor, upon petition by a parent, guardian, or next friend in behalf of the minor, may grant reasonable visitation rights to the petitioner so as to allow the petitioner the right to visit any brother or sister, regardless of the degree of blood relationship, whose parents have denied such access. The circuit courts may issue any further order which may be necessary to enforce the visitation rights.

History. Acts 1981, No. 920, § 1; A.S.A. 1947, § 57-137.

Custody from what she has stated, she does not have a chance to receive.

[dannyt]

Originally Posted by Ohiogal

That is NOT true. Thanks for playing. She has standing to sue for visitation in both Texas and Arkansas though I have no idea who has jurisdiction exactly at this point. I can guess it would be Arkansas. Hence you are wrong. And I won't even say how wrong you are. Before guessing MAKE SURE YOU KNOW. Below are the statutes for Texas (first) and then Arkansas -- BOTH ALLOW SIBLING VISITATION.


or


Custody from what she has stated, she does not have a chance to receive.

and if she loses, she can count on never seeing or talking to her sister again

[Ohiogal]

Originally Posted by dannyt

and if she loses, she can count on never seeing or talking to her sister again

NO one guaranteed that she would win but that doesn't mean she won't see her sister again. At the age of 18, her sister can come see her as much as she wants even if visitation is NOT awarded. Oh and quite frankly, many courts will award sibling visitation as they recognize how important than bond is.

ETA: I believe you are trying to compare this to Grandparent visitation and it is NOT the same at all.

[LdiJ]

Originally Posted by Ohiogal

That is NOT true. Thanks for playing. She has standing to sue for visitation in both Texas and Arkansas though I have no idea who has jurisdiction exactly at this point. I can guess it would be Arkansas. Hence you are wrong. And I won't even say how wrong you are. Before guessing MAKE SURE YOU KNOW. Below are the statutes for Texas (first) and then Arkansas -- BOTH ALLOW SIBLING VISITATION.


or


Custody from what she has stated, she does not have a chance to receive.

Op did state that there was an indication that the child was not actually living with her father, but was living with neighbors. In that instance, wouldn't that give big sis or bro a chance to gain custody? Or is that solely dad's choice as the remaining parent?

[Ohiogal]

Originally Posted by LdiJ

Op did state that there was an indication that the child was not actually living with her father, but was living with neighbors. In that instance, wouldn't that give big sis or bro a chance to gain custody? Or is that solely dad's choice as the remaining parent?

Dad is allowed to permit that as he is the remaining parent. If the neighbors however are NOT fit people and are otherwise harming the child, then of course that is a different story.

At the same time she doesn't really KNOW that her sister is LIVING with the neighbors -- they may be providing daycare. Or the sister may be spending time with a child her age there -- sometimes kids "live" at their friends' homes due to the amount of time spend with friends. Many more facts would be necessary to determine if she would stand a chance in that case -- HOWEVER it is dad's choice that the child stay there. IF dad doens't want custody and wanted to give CUSTODY away however, that would be a way for Sis to jump in to the fray.