Half-sibling visitation

[ajkroy]

What is the name of your state? NH, but the child lives in FL

Let me preface this by saying I have used the search function and found very little on my specific situation. I appreciate in advance any advice I get...even if I don't like it!

Situation:

* Father died last year, leaving five adult children and one fourteen year-old son. Unfortunately, the youngest's mother predeceased our father.

* Sibling of closest proximity is now guardian of youngest. She is also co-executor and co-Trustee of my father's estate.

* For three consecutive summers, youngest has spent as long as a month at my house (all with our father's blessing). I was approached by email by guardian to set up three weeks this summer. Planning went as far as researching flight schedules and determining activities.

* For a solid year, I have been requesting information about the assets in the Trust (I am a beneficiary) and I just recently requested a Trust Accounting. The day I requested the Trust Accounting, sister with guardianship changed her mind about allowing youngest to visit me this summer.

Do I have any grounds to take my sister before a judge to request visitation? Have we set some sort of precedent by my brother's previous visits? My sister has nearly limitless funds...but I would spend whatever it takes if I knew I had a chance.

This poor kid has had his life turned upside-down, especially because as soon as our father passed, my brother was sent to Texas for the school year to boarding school. I would like to maintain some sort of consistency in his life.

Any input would be greatly appreciated. Thank you.

 

[Ohiogal]

Truthfully you could pursue guardianship or custody if the child's mother and father are both deceased. You have as much right as your other sibling if you are both of the same type of relation.

 

[ajkroy]

Thanks, Ohiogal. My husband and I are seriously considering filing for guardianship. I really want to consider my brother's wishes, however...and right now, I have no contact with him.
My sister is not sending him to the boarding school this year (but not back to his original school), and I don't want to take him away from his friends if he doesn't want to go.

Is guardianship the only way to achieve visitation?

 

[LdiJ]

What is the name of your state? NH, but the child lives in FL

Let me preface this by saying I have used the search function and found very little on my specific situation. I appreciate in advance any advice I get...even if I don't like it!

Situation:

* Father died last year, leaving five adult children and one fourteen year-old son. Unfortunately, the youngest's mother predeceased our father.

* Sibling of closest proximity is now guardian of youngest. She is also co-executor and co-Trustee of my father's estate.

* For three consecutive summers, youngest has spent as long as a month at my house (all with our father's blessing). I was approached by email by guardian to set up three weeks this summer. Planning went as far as researching flight schedules and determining activities.

* For a solid year, I have been requesting information about the assets in the Trust (I am a beneficiary) and I just recently requested a Trust Accounting. The day I requested the Trust Accounting, sister with guardianship changed her mind about allowing youngest to visit me this summer.

Do I have any grounds to take my sister before a judge to request visitation? Have we set some sort of precedent by my brother's previous visits? My sister has nearly limitless funds...but I would spend whatever it takes if I knew I had a chance.

This poor kid has had his life turned upside-down, especially because as soon as our father passed, my brother was sent to Texas for the school year to boarding school. I would like to maintain some sort of consistency in his life.

Any input would be greatly appreciated. Thank you.

There is not a darned thing that you can do about this summer. She is the guardian and calls the shots. You couldn't possibly get into court soon enough for any summer visitation this year....unless you had an attorney who was able to intimidate your sister into agreeing to something this summer.....and based on your statement that your sister has virtually unlimited funds, I don't see that happening.

However, you may be able to make something happen by Christmas break...and if not for next summer.

I am so sorry for your brother.

 

[Ohiogal]

Guardianship is NOT the only way necessarily however it would put you into a position to have a say so in raising your brother.

 

[ajkroy]

thank you for the kind replies

Thank you, Ohiogal and LdiJ.

I assume the burden would be upon me to prove that my sister is an unfit parent for me to be awarded custody...and that is an unsavory battle any way you cut it. I don't agree with her parenting (nor using my brother as a pawn!), but I don't have proof of neglect or abuse or anything.

My sister DID make it clear, however, that she would let him come this summer if I stopped asking questions about the will.

If it didn't seem so wrong to let her get away with it, I would just shut my mouth and let her take whatever she wants. If I did that, however, there would still be no guarantee that he could come here.

Thanks for your advice.

 

[LdiJ]

Thank you, Ohiogal and LdiJ.

I assume the burden would be upon me to prove that my sister is an unfit parent for me to be awarded custody...and that is an unsavory battle any way you cut it. I don't agree with her parenting (nor using my brother as a pawn!), but I don't have proof of neglect or abuse or anything.

My sister DID make it clear, however, that she would let him come this summer if I stopped asking questions about the will.

If it didn't seem so wrong to let her get away with it, I would just shut my mouth and let her take whatever she wants. If I did that, however, there would still be no guarantee that he could come here.

Thanks for your advice.

More families fall apart over inheritances than anything else....sigh....

I know of one well off family where the parents maintained a bedroom for each of their children in their home, even after their children were grandparents themselves. One of the provisions in their will was that each child would receive the contents of their respective bedrooms.

The died together in a car crash, and one of the children immediately went to the home and put all of the family silver, china and antiques into her "bedroom"....and got away with it because no one could prove that the parents didn't place the items there.

Again, I am so very sorry for your brother and you should probably do whatever you think needs to be done to ensure that he will be able to have a secure and happy life until he is an adult.

 

[Ohiogal]

Thank you, Ohiogal and LdiJ.

I assume the burden would be upon me to prove that my sister is an unfit parent for me to be awarded custody...and that is an unsavory battle any way you cut it. I don't agree with her parenting (nor using my brother as a pawn!), but I don't have proof of neglect or abuse or anything.

My sister DID make it clear, however, that she would let him come this summer if I stopped asking questions about the will.

If it didn't seem so wrong to let her get away with it, I would just shut my mouth and let her take whatever she wants. If I did that, however, there would still be no guarantee that he could come here.

Thanks for your advice.

NO you would not have to prove that your sister is an unfit parent because she IS NOT THE PARENT! She is a sibling just like you> You would have to show why it is in the best interest of the child to reside with you. Go to probate court and get a copy of the will. It is public information.