[CA] What rights do I have to initiate contact with my younger siblings who are under my abusive mother and her husband's care?
There was an incident where my grandfather and I reached out directly to my brother, and we contacted police regarding the abuse, but they did not intervene. This led to us taking my brother (age 12 at the time) out of town in an attempt to find a CPS office, which led to my grandfather and I being accused of kidnapping. However, no charges ended up being filed, and my brother was released by my mother to live in town with me. Would this situation affect my pursuit of contact with the rest of my siblings?
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1. Sibling Rights Under California Law
In California, siblings do not have automatic legal rights to visitation or contact with younger siblings while the parents retain custody and no court-ordered guardianship or dependency case is open.
Exceptions:
- If the children are in foster care or under dependency court jurisdiction, the court can order sibling visitation if it’s in their best interest.
- If the parents lose custody or a guardian takes over, you may be able to petition the court for visitation.
Currently, the children seem to be under your mother’s custody, limiting formal options without triggering conflict.
2. Risk of Contact and Legal Trouble
Given the 2021 incident—where you and your grandfather were accused of kidnapping—it’s important to proceed cautiously.
- Using a private investigator to locate them is legal.
- Direct, unannounced contact could be construed as harassment or interference with custody.
- Past CPS involvement and the lack of charges help, but future attempts may still be scrutinized.
3. Best Strategic Path Forward
- Consult a Family Law Attorney
- They can advise if you can petition for visitation under Family Code § 3102 or other legal avenues.
- File a New CPS Report
- If abuse is ongoing, file again. Multiple reports can help build a case.
- Use Neutral Third Parties
- Extended family, school staff, or community contacts may help relay your willingness to reconnect without direct risk.
- Document Everything
- Keep records of all actions and communications.
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Full Conversation
I am a 21-year-old who wants to get back in contact with my younger siblings, who range from ages 6 to 15. My mother and her husband were physically, verbally, and mentally abusive and have not let me have any contact with my siblings. Let’s say, through a private investigator, I was able to locate my siblings. What can I do to initiate contact with them without putting myself into any legal trouble? What rights do I have as a sibling?
There was an incident where my grandfather and I reached out directly to my brother, and we contacted police regarding the abuse, but they did not intervene. This led to us taking my brother (age 12 at the time) out of town in an attempt to find a CPS office, which led to my grandfather and I being accused of kidnapping. However, no charges ended up being filed, and my brother was released by my mother to live in town with me. Would this situation affect my pursuit of contact with the rest of my siblings?
I’m sorry to hear about the difficult situation with your family. Have you consulted with a lawyer before taking any steps to contact your younger siblings?
No.
Have you documented any evidence of the abuse or the previous incidents involving your brother and the police?
I have submitted multiple CPS reports, but have not submitted any in the past 2 years or so.
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with sibling contact.
Yes.
Hello, my name is Blake and I am a licensed attorney. I will be happy to help you today! Please keep in mind that this conversation is for informational purposes only and does not establish an attorney-client relationship or constitute legal advice. This discussion should be considered general legal information only and may not be relied upon as advice. You must hire an attorney if you need legal advice for your specific situation.
First of all, how long ago did this happen, and where was it located?
My mother, my siblings, and I lived in ________, CA. I lived with them until 2018/2019, when my mother kicked me out and sent me to live with my grandfather in ________, CA. The whole situation where we brought my brother with us happened in 2021, and he came to live with us in ________. As of now, I do not know where my siblings are located.
Thank you for sharing all of that—what you’ve endured is incredibly painful. It’s clear you care deeply about your siblings and are trying to reconnect with them in a safe, lawful way.
1. Sibling Rights Under California Law
In California, siblings do not have automatic legal rights to visitation or contact with younger siblings while the parents retain custody and no court-ordered guardianship or dependency case is open.
Exceptions:
- If the children are in foster care or under dependency court jurisdiction, the court can order sibling visitation if it’s in their best interest.
- If the parents lose custody or a guardian takes over, you may be able to petition the court for visitation.
Currently, the children seem to be under your mother’s custody, limiting formal options without triggering conflict.
2. Risk of Contact and Legal Trouble
Given the 2021 incident—where you and your grandfather were accused of kidnapping—it’s important to proceed cautiously.
- Using a private investigator to locate them is legal.
- Direct, unannounced contact could be construed as harassment or interference with custody.
- Past CPS involvement and the lack of charges help, but future attempts may still be scrutinized.
3. Best Strategic Path Forward
- Consult a Family Law Attorney
- They can advise if you can petition for visitation under Family Code § 3102 or other legal avenues.
- File a New CPS Report
- If abuse is ongoing, file again. Multiple reports can help build a case.
- Use Neutral Third Parties
- Extended family, school staff, or community contacts may help relay your willingness to reconnect without direct risk.
- Document Everything
- Keep records of all actions and communications.
Does this answer your question?
Yes, I understand the answer completely. Thank you for your help, and I will let you know if I have any further questions.
