my mother and father separated when i was a boy but never divorced. he died; can my mother petition my half siblings?

my mother and father separated when i was a boy; he had 4 children in another relationship. my father died in 1997 without divorcing my mother; both me and my mother are US citizens; i know i can petition for them, but the wait will be too long and i was wondering if, since they never divorce, there is the possibility that she could petition my half-siblings. Thanks.
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Charles A. Messina

Charles A. Messina

Contributor Level 3
Hypothetically, there is a presumption that any child born to the parties during a marriage is, in fact, a child of the marriage. However, a legal separation would most likely rebutt that presumption. If a wife, separated from a husband for anumber of years saught custody of the husband's children by another woman, it is likely that a court would find she did not have standing to file a custody petition, and deny her request, unless truely extraordinary circumstances could be shown. A half sibling of such children would have a much better chance of prevailing on a custody petition.
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