Siblings question

[CaringDad]

What is the name of your state? CO

I recently posted a question about having a parent declared unfit (here's the thread if you want to read it. https://forum.freeadvice.com/showthread.php?t=266176)

I have another question that relates somewhat. If I am successful in having my ex declared unfit, this will create a situation that I am confused by, but may have no legal solution.

My ex and I have two kids. My ex and her new husband have a daughter not even two years younger than my son. All the kids are close, but the youngest two are really close with each other.

If my ex is declared unfit, I'm pretty sure that my son would come to live with me (I know nothing is guaranteed, but....). My daughter already does. The youngest child, who is not mine, would most likely go to live with her father's parents. Her paternal grandparents live in the same small town, have a well-established relationship (the little girl is 10), and would definitely fight to get custody anyway. (The little girl's father in this case is not an option, as he is now in jail for molesting MY daughter).

Here's the problem. My kids would have a strong desire to spend time with their little sister, and the little girl is certainly interested in seeing them (she calls often now just to talk to her big sister). I DEFINTELY do not want my kids in that house (the Grandma in question told my 15 year old daughter that if she dressed like a slut, she deserved to get f'd like a slut, which her son actually did). Obviously, this would be a hostile environment for my kids, and as they are not blood relatives, I would be under no obligation to send them there.

Is there any legal recourse for letting the siblings all spend time together in a safe environment? I seriously doubt that the court would even listen to any request for visitation on my part of the youngest, as she is not mine and her bio parents would never surrender parental rights, and even if they did, those rights would defer to one set of grandparents or the other. But, my home would be a safe place, as would any neutral site (a park, etc) that I would be happy to agree to. I just don't know if there is any sort of legal precedent for this kind of request on the children's part. They are all blood siblings, so I think it only fair and appropriate that they get to see each other.

Thanks for any advice.

CaringDad

 

[Rushia]

I'm sorry that I don't have any advice for you, but I just wanted to say that you are a very kind man. It's touching that you are interested in fighting to keep the kids together. Good Luck, I hope there's a way for it to happen!

 

[LdiJ]

What is the name of your state? CO

I recently posted a question about having a parent declared unfit (here's the thread if you want to read it. https://forum.freeadvice.com/showthread.php?t=266176)

I have another question that relates somewhat. If I am successful in having my ex declared unfit, this will create a situation that I am confused by, but may have no legal solution.

My ex and I have two kids. My ex and her new husband have a daughter not even two years younger than my son. All the kids are close, but the youngest two are really close with each other.

If my ex is declared unfit, I'm pretty sure that my son would come to live with me (I know nothing is guaranteed, but....). My daughter already does. The youngest child, who is not mine, would most likely go to live with her father's parents. Her paternal grandparents live in the same small town, have a well-established relationship (the little girl is 10), and would definitely fight to get custody anyway. (The little girl's father in this case is not an option, as he is now in jail for molesting MY daughter).

Here's the problem. My kids would have a strong desire to spend time with their little sister, and the little girl is certainly interested in seeing them (she calls often now just to talk to her big sister). I DEFINTELY do not want my kids in that house (the Grandma in question told my 15 year old daughter that if she dressed like a slut, she deserved to get f'd like a slut, which her son actually did). Obviously, this would be a hostile environment for my kids, and as they are not blood relatives, I would be under no obligation to send them there.

Is there any legal recourse for letting the siblings all spend time together in a safe environment? I seriously doubt that the court would even listen to any request for visitation on my part of the youngest, as she is not mine and her bio parents would never surrender parental rights, and even if they did, those rights would defer to one set of grandparents or the other. But, my home would be a safe place, as would any neutral site (a park, etc) that I would be happy to agree to. I just don't know if there is any sort of legal precedent for this kind of request on the children's part. They are all blood siblings, so I think it only fair and appropriate that they get to see each other.

Thanks for any advice.

CaringDad

I am sorry to tell you this...but only a handful of states have any kind of provisions for sibling visitation....and CO is not one of them.

Since grandma blames your daughter for her son's crimes there is almost no chance that grandma would cooperate with visitation between the kids voluntarily.....and I agree, her home wouldn't be a safe or healthy environment for your children.

However...the other grandparents...mom's parents WOULD have standing to obtain either custody or visitation, and they may be more cooperative about keeping the children in contact. However, they would likely want court order visitation of your children as well....which could be problematic if they blame you for proving their daughter unfit.

Your son is old enough to have some say regarding which parent has custody...and it may not be necessary to actually have mom found unfit in order to protect your children. Its almost more scary to me to have their sister in the custody of the grandmother who denies her son is a child molester...than for the child to remain with her mother.