Legal Question in Family Law in California

We lost any visitation of my step children over 2 years ago. At the time we were so hurt that they did not want to see us that we didn't even think about the effects of our, then, 1 year old daughter. Now that she is 4 she has been asking about them; where are they and why has it been so long. She even sings to the pictures we have of them on our wall. My husband has tried to work something out with their mother, out of court, with no luck. She will not let us talk to the kids to see if they just want to see their sister. We are planning now to go back to court but I want to know first if my daughter has any legal rights.


Asked on 1/19/12, 1:06 pm

3 Answers from Attorneys

No. Half-siblings have no legal rights in the custody proceedings regarding the other children. The court will, however, consider the existence of half-siblings in one of the homes as one of many factors in what to do about a custody modification request.

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Answered on 1/19/12, 1:13 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

Your husbands children have a right to have a relationship with their father and his new family. Unusual circumstances must be at play in this case for a court to cease all visitation. Please have your husband meet with an experienced family law attorney to explore his legal options.

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Answered on 1/19/12, 2:38 pm


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