Do siblings have rights?

Sad_big_sister said:

What is the name of your state? Arkansas but I need a Missouri law question. My mother and step dad were married for 7 1/2 years and they had 5 kids together ages 19,16, 14, and a set of twins 12. He or should I say his new wife refuses to let me even see them. The thing is I have 2 sons who wants to get to know their Aunts and Uncles. Do I have any rights to see and visit with my siblings?

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BelizeBreeze said:

First of all, by 'this is a Missouri question' I am assuming that although you live in Arkansas, the children are in Missouri. Correct?

If so, then Yes, you would have to file a petition for third-party visitation. It's called a Family Access Motion and can be found online HERE.

Secondly, the rest of the answer depend on whether or not your mother is deceased or divorced.

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LdiJ said:

I hate to tell you this Belize....but that "Family Access Motion" that you are referring to is what MO uses in lieu of a "Show Cause for Contempt". That is what a person uses who already has an established visitation order and is being denied.

I did however miss that the children reside in MO rather than AR. Therefore I can now say with certainty that MO law does not give siblings standing to sue for visitation rights.

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BelizeBreeze said:

I didn't say they allowed it, but only said that third-party visitation is an option that she / he has the right to explor. And yes, sibling visitation has been granted in Jackson County before. I'm still looking for the case law, but I believe the case came out of Independence.

Still, until further information is forthcoming, nothing can be absolute. For example, the current wife has NO LEGAL standing to say anything about visiting the siblings so where is DAD in all of this?

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