My wife had 2 children from her first marriage and she was the primary care provider ands went to their father's every other weekend. We purchased a house in 2008 and they lived with us and we got married in 2009. My wife passed away in Aug 2010 after our baby was born and my step-children were taken to live with their father full time. Within 2 months, i had a falling out w/ their father and i haven't seen my step-children nor have they seen their half-sister in over a year and a half even though my wife told me that he promised to abide by her wishes that if anything ever happened to her that i would be in my step-children's lives based on her condition.
Do i have any rights to see my step-children and for them to see their baby sister? I've had trouble trying to find out.
Family Law Attorney
First and foremost, I am so so sorry for your loss. An unimaginable tragedy only to be followed by another tragedy of having siblings separated for so long. There are indeed laws that support what you are looking for. The cases become complicated, though, so you should sit down with a family law attorney to strategize the best way to move forward. Good luck to you and your children.
Divorce / Separation Lawyer
You'll need to file a motion to seek visitation with the children. Unfortunately, the natural father has a paramount right to custody. However, you have a right to parenting time and visitation with the children if you can show that it is a haunted them if you are removed from their lives.
Personal Injury Lawyer
I am so sorry for your loss and I think it is so impressive that you wish to honor your wife's wishes. My advise is to file a motion for parenting time, based on your having been a psychological parent, and the best interest in the children keeping in touch with siblings. I sure hope you win this.
Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
Divorce / Separation Lawyer
You realy don't have many rights because of the way the laws are structured.
DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed