Legal Question in Family Law in Texas

Do I have visitation rights as a sibling when my little brother lives with an un
My mom died in sept of 2001. She was sick for a long time and I pretty much raised my little sister and brother. I was only 19 when she died so my little brother (13 now) went to live with our uncle (as stated in my mom's will) in Hutto because his father is not in his life (althought he has not signed his rights away) and my little sister lives with me (19 now). My uncle used to let me bring my brother down to stay for a week here and there or at least a few days. Since then my uncle and I had an argument because I let my brother stay up too late and now my brother is not allowed to come to visit. I can go visit but I am not welcome to stay the night! I am a very responsible 22 year old who has taken care of my family for a long time. I am in no way a bad influence (execpt going to bed on time, my mom's fault). I don't do drugs, smoke, or hardly drink. It is hard to get time off from work and school to go to Austin and spend a week paying for a hotel which I can't afford. Can my uncle keep my brother from coming with me to houston when all of my brothers friends and family are in houston? Thanks for your help!

Asked on 5/31/04, 11:54 pm

Fran Brochstein Attorney & Mediator

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Re: Do I have visitation rights as a sibling when my little brother lives with a

You did not state whether or not your uncle has legal custody of your brother.

If so, that is the court of continuing jurisdiction that would need to decide.

If there is no court of continuing jurisdiction, you would need to go to the county where your brother has lived for at least the past 6 months.

You can ask the court to grant you visitation.

Good luck!

Fran Brochstein

www.familylaw4u.com

Answered on 6/01/04, 12:48 pm

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