For many families, the sibling bond is one of the most important relationships in a child’s life.  It can have a profound and lasting impact on a child’s development and sense of self.  Whether siblings share both parents or only one, life events can occur that disrupt this unique bond, separating brothers and sisters so that contact is denied or limited.  In such cases, visitation rights can be sought under New York Domestic Relations Law (“DRL”) section 71 to protect the sibling relationship.

What Is Sibling Visitation?

Sibling visitation refers to court-ordered time and contact between siblings who do not live together. In some situations, the issue arises because parents separate and children end up in different households. In others, siblings may be separated due to foster care placement, guardianship, adoption, the death of a parent, or other family changes.  While the law often focuses on parents’ rights and responsibilities, courts may also recognize that preserving healthy sibling relationships can support a child’s emotional well-being, stability, and sense of identity. 

What Legal Visitation Rights Do Siblings Have In New York?

New York does not automatically grant sibling visitation. But state law does allow a sibling to ask the court for visitation in certain situations.  Under DRL section 71, enacted in 1989, “[w]here circumstances show that conditions exist which equity would see fit to intervene, a brother or sister…whether by half or whole blood, may apply” to obtain visitation rights and the Court “by order, after due notice to the parent or any other person or party having the care, custody, and control of such child…may make such directions as the best interest of the child may require, for visitation rights for such brother or sister in respect to such child.”  The law can be utilized both by siblings who are minors (through a “proper person” acting on their behalf) and by older adult siblings.

What Factors Do Courts Consider in Sibling Visitation Cases?

When a sibling visitation proceeding is brought by a petitioner, there is no absolute right to a hearing.[1]  The person requesting visitation must first show that the situation warrants judicial intervention, and, if that threshold is met, the court then determines whether visitation would be in the best interests of the child.[2] A parent’s decision regarding visitation is given “special weight.”[3]  In making a best interests determination, courts consider factors such as:

• The strength and history of the sibling relationship
• Whether the siblings previously lived together or had regular contact
• The geographic proximity of the siblings
• The views of the child, depending on age and maturity
• Whether visitation would be detrimental to the child’s emotional health
• Any safety concerns, including abuse, neglect, or domestic violence

In Isabel R. v. Meghan Mc., the court granted visitation because it found continued contact served the siblings’ best interests. The half-siblings had maintained a meaningful relationship for several years, wanted to see each other, and their attorneys supported visitation. The mother of one of the children had unilaterally ended contact after separating from the children’s father and objected because he might be present at visits.[4]

By contrast, in Matter of Keenan R. v. Julie L., the court affirmed the denial of visitation between the petitioner and his younger twin sisters. The twin sisters’ adoptive parents strongly opposed visitation, and the evidence reflected that petitioner’s behavior was “sufficiently troubling” to warrant their objection.  In addition, expert testimony showed that the prospect of visits caused the twins significant anxiety and could trigger post-traumatic stress.  The record also showed no meaningful familial bonds between the siblings.[5]

Protecting an Important Family Relationship

When siblings are separated, the loss of regular contact can affect far more than family routine. It can disrupt a relationship that helps shape a child’s sense of continuity, support, and belonging. DRL section 71 recognizes that, in appropriate circumstances, preserving the sibling bond may serve a child’s best interests. If contact between siblings has been cut off or sharply limited, it is important to understand what options may be available under New York law.  Early guidance can help families assess whether a court is likely to hear the case, what evidence may matter, and how to present the strongest argument for protecting the sibling relationship.

If you have questions about sibling visitation rights or other matrimonial or family law issues, please contact Sarah directly at srg@gdblaw.com.

This post is for general informational purposes only and is not legal advice.
 

[1] See Matter of Carrie B. v. Josephine B., 81 A.D.3d 1009, 1011 (3d Dep’t 2011).
[2] See Isabel R. v. Meghan Mc, 2009 N.Y. Misc. Lexis 741, *14 (Fam. Ct. Dutchess Co. 2009).
[3] See Amanda S. v. Eleonor H., 2005 N.Y. Misc. Lexis 3409, *16 (Fam. Ct. Kings Co. 2005).
[4] 2009 N.Y. Misc. Lexis 741 at *11-*13, *15, *17.
[5] 72 A.D.3d 545, 542 (1st Dep’t 2010).