Sibling Visitation Rights in California

[ShauniCard]

I'm nineteen, live in California, and recently moved out of my house with my dad and little brother to live with my grandparents. My dad is now not letting me see my brother who I have helped raise since my mother left 7 years ago. Do I have any chance at successfully petitioning for visitation rights? I am very close with my brother since I have basically taken my mother's place all this time. I've fed him, taken care of him, and spent almost every day of my life with him. I have a stronger bond with him than anyone in my entire family, including my dad. It is definitely in his best interest that I am able to see him. He has had many problems at school, has been somewhat neglected by my dad, and is basically all alone in the world now that my dad has pushed the whole family away. Is there any way I could be granted visitation rights and what should I do? I know I'm young and that it's very hard for non-parents to get visitation rights but I am willing to do whatever it takes. I cannot imagine not seeing my brother til he's 18. He's only 11 now. CPS has also been called many times on my household always accusing my dad of neglect. When I lived there I was the only one who fed him or paid any attention to him. He has gone as far as to threaten suicide and was even kept in the hospital for a short time for trying to choke himself at school. My dad's mental state has been getting worse every year. My dad has no job, no income, and has been living off my grandparents' money. He's now wanting to take my brother away and basically make him homeless. I just want to be a part of my brother's life so I can make sure he's ok. I know in California I can petition for visitation rights and I've read that California is the most lenient state in that regard. But do I have a chance?

 

[Zigner]

No, you have no standing. Perhaps it's time to make-nice with dad...

 

[LdiJ]

No, you have no standing. Perhaps it's time to make-nice with dad...

Are you sure that siblings do not have standing in CA? I do not have time to look it up myself right now but I know that siblings have standing in some states and CA may be one of them...or at least there is a little niggle in my mind that CA might be one of them.

 

[Zigner]

Are you sure that siblings do not have standing in CA? I do not have time to look it up myself right now but I know that siblings have standing in some states and CA may be one of them...or at least there is a little niggle in my mind that CA might be one of them.

Both parents are still alive...

 

[Ohiogal]

Both parents are still alive...

How do you know mom is still alive? Where was that?

 

[Zigner]

How do you know mom is still alive? Where was that?

My dad is now not letting me see my brother who I have helped raise since my mother left 7 years ago.

Granted, "left" could be a euphemism, but I took it to mean that mom abandoned them. No mention was made of her not being alive.

 

[Ohiogal]

Granted, "left" could be a euphemism, but I took it to mean that mom abandoned them. No mention was made of her not being alive.

I missed that phrase. Sorry.

 

[ShauniCard]

No, you have no standing. Perhaps it's time to make-nice with dad...

I've tried to do that over and over again. And I've read that in California I can petition for visitation rights. No, my mom is not dead I think, but she has no custody, hasn't seem him since she left, and is a drug addict. Is there absolutely nothing I can do? Because somehow my grandparents were able to get visitation rights during the custody hearings which my father has not acknowledged and I've been a part of his life more than all of them combined.

 

[Zigner]

I've tried to do that over and over again. And I've read that in California I can petition for visitation rights. No, my mom is not dead I think, but she has no custody, hasn't seem him since she left, and is a drug addict. Is there absolutely nothing I can do? Because somehow my grandparents were able to get visitation rights during the custody hearings which my father has not acknowledged and I've been a part of his life more than all of them combined.

A grandparent's petition for visitation may be allowed as a part of custody proceedings. I would suggest that you consult with a local family law attorney for more guidance on this matter.

 

[Proserpina]

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=03001-04000&file=3100-3105

It does appear that OP doesn't have standing to sue.

Here's the bigger, and probably far more important, problem I see. OP's going to have to sue Dad (and possibly Mom). If she loses, she'll likely never see the child until he's of age. If she wins, I suspect Dad is going to simply ignore the court order, or relocate without so much as a whisper. The court can't take away his custody.

OP's best bet here is to play nice with Dad. While I understand her reasoning, I don't see this one ending well for anybody other than Dad.

 

[Proserpina]

(By the way, California isn't the most lenient third-party visitation state by any means. Not by a long shot, actually)

 

[ShauniCard]

Thank you for the advice. It really helps even if there isn't much I can do.

 

[LdiJ]

I've tried to do that over and over again. And I've read that in California I can petition for visitation rights. No, my mom is not dead I think, but she has no custody, hasn't seem him since she left, and is a drug addict. Is there absolutely nothing I can do? Because somehow my grandparents were able to get visitation rights during the custody hearings which my father has not acknowledged and I've been a part of his life more than all of them combined.

If your grandparents have visitation rights and your father is not obeying that court order your grandparents can take him back to court for contempt. Normally I am opposed to grandparent visitation rights but this case sounds a little bit like an exception for me.