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child custody, family laws in maryland, siblings right to visit brother
Maryland
Viewed 387 times.
Posted about 1 year ago in Family
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Do i have rights to see my brother?:
My little brother is 16 and lives with my mothers ex husband and his new wife. He is no relation to them. My mother is a drug addict and gave him to them.I am 19 and have no criminal record and he wants to see me and i want to see him. they wont ley us see each other or even talk on the phone. i havent given them any reason to do this, do i have rights as his sister to see him or talk to him when him and i both want to?
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Answers (1)Kenneth P Barnhart
This attorney is licensed in Maryland and 2 other states.
Posted about 1 year ago.
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Yes, if a court determines that it is in the best interest of you and your brother to visit each other. I do not believe that any Maryland appellate court has ever issued an opinion on this issue, but there is no reason why siblings separated by divorce should not have a right to visit each other. For example, the courts have permitted a step parent who did not adopt a minor child to have visitation after the step parent and the natural parent divorced. I would argue that siblings have a much closer relationship than that. Also, Maryland law gives siblings who have been separated by adoption or foster care the right to have visitation, so long as the visitation is in the best interests of the children. MD Family Law Code, Section 5-525.2. By analogy, this should give some guidance to the courts on how to proceed. You may be able to get some help with filing the necessary petition with the court if you call the Family Law Self Help Center for your county. Best of luck in getting to see your brother.
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