Sibling Visitation in New York

When siblings are separated due to divorce, placement in foster care, adoption, or other out-of-home care, it can be a difficult and emotional time for everyone involved. Because they are separated from each other, the siblings may experience a range of emotions, including sadness, confusion, and even anger. However, similar to the way that parental visitation rights are recognized in New York, under New York Domestic Relations Law § 71, sibling visitation rights are also recognized and protected under the law. If you are seeking to have visitation with your sibling, or if you are a parent who wants your child to spend time with their sibling, contact an experienced New York child custody lawyer at Stephen Bilkis & Associates. With over 20 years of experience representing families in contentious and complicated custody and visitation matters, we have the skill and resources to help ensure that your legal rights are protected.

In New York, determining child custody centers around upholding the "best interests of the child" standard. This foundational principle emphasizes the safety, overall well-being, and general welfare of the child as the paramount consideration when making custody decisions during divorce, separation, or family conflicts. Key factors influencing these determinations include the parent-child relationship's quality, the child's preferences (if age-appropriate), the mental and physical health of all parties, and their ability to adjust to their home, school, and community environments. The stability and support provided by each parent, any history of domestic violence or substance abuse, and their willingness to facilitate a positive co-parenting relationship are also considered. Additionally, any other relevant factor deemed significant to the child's best interests is weighed in the decision-making process.

Furthermore, in considering the best interests of the child, New York courts also evaluate the impact of custody arrangements on the child's relationship with their siblings. Maintaining sibling bonds is considered to be in the child's best interests (see Eschbach v. Eschbach, 56 NY2d 167 (1989)), unless it is demonstrated that doing so would not be appropriate or beneficial for the child's overall well-being. Sibling relationships are acknowledged as an essential part of the child's life, and custody decisions strive to sustain these relationships to provide emotional support and stability for the child.

For all issues related to child custody and visitation, the priority of the court is the best interests of the minor children involved. However, the rights of siblings to seek visitation have been established by statute. Section 71 of the New York Domestic Relations Law addresses the issue of sibling visitation when siblings are separated due to divorce, placement in foster care, adoption, or other out-of-home care. The law recognizes the importance of sibling relationships and the potential harm that can be caused when siblings are separated from each other. Section 71 states that when siblings are separated, they have the right to have contact with each other unless such contact is determined to be contrary to their best interests.

The statute applies to full siblings as well as half-siblings. This means that both full siblings and half siblings have standing to petition the court seeking visitation with their siblings. On the other hand, under the statute, non-blood siblings such as step siblings or foster siblings do not have standing.

In addition to the requirements of Section 71, the court also has the authority to order sibling visitation if it is in the best interests of the siblings. The court will consider a number of factors when making this determination, including the age of the siblings, their relationship with each other, the reasons for their separation, and the potential benefits and harms of sibling visitation. If you have questions about how these factors apply to your sibling visitation case, contact a skilled New York child custody lawyer to discuss the specifics of your case.

It is important to note that Section 71 does not guarantee sibling visitation in New York in all cases. In some situations, contact between siblings may not be in their best interests. For example, if one sibling has a history of violence or abuse towards the other, the court may determine that sibling visitation is not appropriate. Even in these situations, however, the court may order supervised visitation or other forms of contact that are deemed to be safe and appropriate. Because of the complex nature of sibling visitation, it is wise to contact an experienced child custody attorney serving New York to discuss the specifics of your case.

In Isabel R. v. Meghan Mc., 23 Misc.3d 1102(A) (Fam. Ct. Dutchess Co. 2009), the Family Court was tasked with determining the right to visitation for half-siblings residing in separate households following their parents' separation. The court found compelling evidence that the children had a relationship before it was unilaterally terminated by the mother after her split with the children's father. The mother contended her absolute right to decide on sibling visitation, citing potential infringement of her constitutional rights. The court dismissed the mother’s argument based on constitutional rights and instead focused on determining what would be in the best interests of the children.

Factors considered in this determination included the nature of the prior relationship between the children, circumstances surrounding the cessation of visitation, reasons provided by the respondent for denying visitation presently, perspectives of the children's legal representatives, potential future benefits to the children, and confidential conversations with the court. The children expressed a desire to reunite and displayed positive memories and associations from past shared experiences. Consequently, the court concluded that visitation was indeed in the children's best interests given their expressed wishes and the favorable recollection of their shared experiences.

Child custody cases are emotionally charged and legally complex, requiring the expertise and support of a seasoned child custody attorney serving New York. At Stephen Bilkis & Associates, we are committed to safeguarding your child's best interests while advocating for your parental rights. Our experienced team is well-versed in New York family law and custody matters, providing the guidance and representation you need to navigate this challenging legal terrain. Contact us today to discuss your child custody case and take the first step toward securing the best future for your child. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Nassau County, Queens, Bronx, Brooklyn, Long Island, Manhattan, Staten Island, Suffolk County and Westchester County.