Half sibling

WickedStepmother_'s picture

This weekend the family got on the topic of something happening to their dad. Somehow the kids got it in their head that they wouldn't see their half sibling if we were to get divorced or he were to die. I told them that I would always let them see their sibling. It took everything in me to not say that if it would actually happen is up to their mom. 

Is there any legal way for me to make that happen? Would he have to write it in his will or do we when to reevaluate the custody agreement? 

lieutenant_dad's picture

Living parents have the right to choose who their child sees or doesn't see. There is likely no way that your DH could require visitation after his death. Now, if his parents are alive and have good relationships with the kids, they might be able to petition the courts for grandparents' rights for visitation, but then you'd need to work with the in-laws to coordinate visitation.

Picardy III's picture

About how old are the kids? 
I've thought of this myself - I doubt BM would prevent my SKs from seeing my daughter in the case of DH's death, but she'd manipulate the situation to her ends somehow. However, my oldest SK is nearly 18, so her control is limited.

WickedStepmother_'s picture

They're all teens. He ex would definitely keep me from seeing them if it was up to her. She hates me for some reason. 

ESMOD's picture

Hopefully this situation never has to come into play... but I think your answer was the only one you could give.

You would always allow and encourage them to continue to have a relationship with their sibling.  It goes unsaid that if they are minors their mother might be the roadblock.. but as LD said.. hopefully even in that case mutual inlaws would be supportive and help the kids keep in contact.

Sandybeaches's picture

I am sure they would find a way to see their sibling most kids drive at 16.  How old is your child that is their sibling?  

I think the courts might intervene if approached the correct way.  But either way, if BM keeps the kids from seeing their sibling  it may just be BM out in the cold some day when the kids are old enough to make their own decisions.  

WickedStepmother_'s picture

He's an infant. Once again she's not letting him see his kids. It interferes with her plans. She thinks she can run her own house and ours the way she pleases.