Legal Question in Family Law in Pennsylvania
seeing sibling
i have 2 younger sisters one is 16 and the other is 12, I am the oldest being 29. I am not on speaking terms with my mother, so as punishment she won't allow me to see them unless I ask her for permission, which I will not speak to her. The other part of this is my father lives with me while he is waiting for a settlement offer so he can find a home of his own. He can pick them up for visits that he has a court order for, but if he picks them up and brings them here to see me is he going to get in trouble for this? He is afraid that if I pick up my sisters she will try to have me arrested for kidnapping. I'm wondering because of there age can she totally stop me from seeing them, and if so what can I do to see them? Because I won't speak to her she's using them to try to punish everybody and I don't want to see my sisters hurt because of her stupidity. So is there anything I can do, and is there anything my father can do to help this situation, and not end in jail for. Thank you very much bob
1 Answer from Attorneys
Re: seeing sibling
You asked about seeing your sisters.
Neither you nor your sisters need permission to see one another. In fact the only way that your mother could prevent this is by obtaining a restraining order against you, and she would be able to do so only for the younger sister. (Assuming the 16 year old sister is competent.) It is not terribly easy to do so and she would need to demonstrate that you present an imminent threat.
It is also unlikely that she could have you charged with kidnapping. The 16 year old can choose to do pretty much as she wishes and associate with whom she wishes. Any parent with custody rights has the right to grant anyone rights to see the children.
One way to solve the problem is to communicate via email through accounts that you give the children. Most likely they will have computer access at school as well as at home (GMail is a very good service and accounts are free). You can also communicate via regular mail. It would be illegal for your mother to open the older girls mail or to withhold it from her. Your mother may have the right to screen the younger girls mail, but I would not bet on that. The girls can also call you.
There is nothing wrong with seeing the the younger sister or arranging for her to visit you so long as you have the permission of one custodial parent. As for the older girl she is legally old enough to choose with whom she will associate.
Custodial parent does not mean where they are living but instead what their natural or court ordered rights are. If the father has not had his parental or custodial rights severed then he can allow you to the children.
Do what needs to be done to restore order to your family. You don't have a choice about who you are related to and like it or not you are stuck with them for life.
Regards,