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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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i have a half brother and his mother will not let me see him....what

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i have a half brother and his mother will not let me see him....what can i do. My father is in prison and she use to let us ( me and my sisters) see him but not anymore. I am of legal age and so are my sisters. My brother is only 6 years old
Submitted: 7 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 7 years ago.
In what state does your brother live?
Does your father have visitation or custody rights?
Customer: replied 7 years ago.
no my father is in jail and he has no right over him. We live in Virginia and so does my half brother..
Expert:  Daniel Solutions replied 7 years ago.
Virginia Supreme Court and the United States Supreme Court have ruled that the wishes of the parents trump the rights of grandparents, aunts and uncles, adult siblings and other "interested parties."
A juvenile court judge may recognize that continuing a longstanding relationship is in the best interests of the child, especially if you had provided child care or previously saw your brother on a daily basis.
You basically have to prove that it would be in the best interest to continue a relationship that already existed instead of arguing its necessary to create a relationship.
If you wish to file, you would go to the family court closest to where your brother lives and request a petition for visitation to get a date with the Judge to hear the petition.
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