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Sibling rights... I was common law married

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  • Sibling rights... I was common law married

    I was common law married to my husband for 5 out of 6 years we were together. He has 3 children with his ex wife and we had one together. He passed away July 4, 2012 and since then his exwife had denied everyone in the family from being able to see his(our) oldest 3 children including our son who is their half-sibling. ALL of OUR children have always been very close to each other. Is there any laws that we can have enforced so that our youngest son can have regular visitation with his brother and sisters? My husbands parents are already in the process of taking my husbands exwife to court to get grandparents rights since his exwife is keeping all 3 of the older 3 chidren from them and our entire family. But is there anything I can do to get all 4 kids reunited and a part of one anothers lives on a regular basis?

  • #2
    re: Sibling rights... I was common law married

    Originally posted by srwood83 View Post
    I was common law married to my husband for 5 out of 6 years we were together. He has 3 children with his ex wife and we had one together. He passed away July 4, 2012 and since then his exwife had denied everyone in the family from being able to see his(our) oldest 3 children including our son who is their half-sibling. ALL of OUR children have always been very close to each other. Is there any laws that we can have enforced so that our youngest son can have regular visitation with his brother and sisters? My husbands parents are already in the process of taking my husbands exwife to court to get grandparents rights since his exwife is keeping all 3 of the older 3 chidren from them and our entire family. But is there anything I can do to get all 4 kids reunited and a part of one anothers lives on a regular basis?
    Unless the mother of that child allows for it, probably not. You can ask, but if she refuses, there really is no legal recourse to force the matter. Unless you had formally adopted this child, you have no legal connection to him, and therefore no legal standing to have a court order visitation with his siblings you had with his father.
    "If it ain't in writing, it never happened."
    "A lack of planning on your part does not constitute an emergency on my part."
    "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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    • #3
      re: Sibling rights... I was common law married

      Originally posted by srwood83 View Post
      I was common law married to my husband for 5 out of 6 years we were together. He has 3 children with his ex wife and we had one together. He passed away July 4, 2012 and since then his exwife had denied everyone in the family from being able to see his(our) oldest 3 children including our son who is their half-sibling. ALL of OUR children have always been very close to each other. Is there any laws that we can have enforced so that our youngest son can have regular visitation with his brother and sisters? My husbands parents are already in the process of taking my husbands exwife to court to get grandparents rights since his exwife is keeping all 3 of the older 3 chidren from them and our entire family. But is there anything I can do to get all 4 kids reunited and a part of one anothers lives on a regular basis?
      you have no rights to the children he had with his ex wife. you werent even their stepmother, even if you had been you still would have no rights or standing.legally you are and always will be a stranger to them with no rights or standing to do anything

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      • #4
        Re: Sibling rights... I was common law married

        Originally posted by srwood83 View Post
        I was common law married to my husband for 5 out of 6 years we were together. He has 3 children with his ex wife and we had one together. He passed away July 4, 2012 and since then his exwife had denied everyone in the family from being able to see his(our) oldest 3 children including our son who is their half-sibling. ALL of OUR children have always been very close to each other. Is there any laws that we can have enforced so that our youngest son can have regular visitation with his brother and sisters? My husbands parents are already in the process of taking my husbands exwife to court to get grandparents rights since his exwife is keeping all 3 of the older 3 chidren from them and our entire family. But is there anything I can do to get all 4 kids reunited and a part of one anothers lives on a regular basis?

        The chances are very, very slim that a judge would order the four siblings to be "reunited" as you say, Your child is only a half-sibling, the families are separate and always have been and the parents' relationship is not good.

        The grandparents have a better chance I would think since the law has been expanded in many jurisdictions recognizing that relationships with extended family, grandparents is healthy for children. Perhaps if the grandparents get visition rights to the other 3 children they can incorporate your child for those visits so all four children will have time together.

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