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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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Good morning-My daughter is 13. When she was 10 she stopped

Customer Question

Good morning-
My daughter is 13. When she was 10 she stopped going to visit her father because the stepmom was abusive. Daughter wanted to continue visits with dad and her 2 half-siblings, but stepmom said no and threatened divorce.
My daughter has been in therapy for over a year and it just came out that there was also inappropriate touching from stepmom. Daughter recently invited dad to therapy session where he admitted to knowing about a certain degree of abuse but was unwilling to step in. Daughter still wants to see her siblings so dad said, at therapy, he would work on that. Dad called daughter last night and said she will not be allowed to see her siblings without stepmom because he "refuses to isolate stepmom".
1. Does she have any rights to see her brothers? Per MN statute, I did not see anything that would specifically address that.
2. Since the sexual abuse just came out, does she have the right to bring that up at a court hearing?
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard.I am sorry to hear of this situation for your daughter. Because parents have the right to direct the upbringing of their children, Santosky v. Kramer, 455 U.S. 745 (1982), courts have generally held that in the absence of a statute a sibling or half-sibling does not have the right to visit the sibling over the objections of the parents. Unfortunately, that means that your daughter has no right in this regard. I suggest, however, if the Father and Step Mom were divorcing she could join in and request visitations with her step sibling. As it stands, there is no recourse for her in this regard.The abuse may be addressed at a court hearing, yes. I suggest that it would need to be supported with medical documentation and that the therapist could be called to testify to give a professional opinion on the matter as it pertains to your daughter's disclosure and how likely it is to be the truth. The other side, will then have an opportunity to discredit the statements and allegations
Expert:  Samuel II replied 2 years ago.
Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please let me know here. Otherwise, I would appreciate a Positive Rating as that is how I get credit for my time.​Thank you