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Sibling visitation

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What is the name of your state? Louisiana

Are there any guidelines regarding half-sibling visitation?

Like perhaps at a local park over seen by mutual grandparent?
 


W

wildncrazyguy

Guest
siblings have no rights to visitation

unfortunately, siblings, half or otherwise, have no standing to seek visitation. its up to the parents wether or not to allow contact, and if they say no, then the sibs will have to wait untill theyre 18 to make contact.
 

Shay-Pari'e

Senior Member
wildncrazyguy said:
unfortunately, siblings, half or otherwise, have no standing to seek visitation. its up to the parents wether or not to allow contact, and if they say no, then the sibs will have to wait untill theyre 18 to make contact.[

Typical,

Kelly is answering herself again.
 

Rushia

Senior Member
Shay-Pari'e said:
wildncrazyguy said:
unfortunately, siblings, half or otherwise, have no standing to seek visitation. its up to the parents wether or not to allow contact, and if they say no, then the sibs will have to wait untill theyre 18 to make contact.[

Typical,

Kelly is answering herself again.
Not only that, she would be wrong here. Siblings could have standing to sue for visititation. I suggest, since she's claimed to live in NY, that she look up DR 71. Right above the statute for grandparents.
 

CALIF-LAWPRO23

Junior Member
Rushia said:
Shay-Pari'e said:
Not only that, she would be wrong here. Siblings could have standing to sue for visititation. I suggest, since she's claimed to live in NY, that she look up DR 71. Right above the statute for grandparents.

My response:

Please post the link, or copy and paste the law, to which you refer. I'd be interested seeing it.

Thanks.

IAAL
 

stealth2

Under the Radar Member
Rushia said:
Not only that, she would be wrong here. Siblings could have standing to sue for visititation. I suggest, since she's claimed to live in NY, that she look up DR 71. Right above the statute for grandparents.
Which is moot to this thread anyway, since OP lives in LA.
 

TLWE

Member
LRS title 9 Sec 344. Visitation rights of grandparents and siblings

A. If one of the parties to a marriage dies, is interdicted, or incarcerated, and there is a minor child or children of such marriage, the parents of the deceased, interdicted, or incarcerated party without custody of such minor child or children may have reasonable visitation rights to the child or children of the marriage during their minority, if the court in its discretion finds that such visitation rights would be in the best interest of the child or children.

B. When the parents of a minor child or children live in concubinage and one of the parents dies, or is incarcerated, the parents of the deceased or incarcerated party may have reasonable visitation rights to the child or children during their minority, if the court in its discretion finds that such visitation rights would be in the best interest of the child or children.

C. If one of the parties to a marriage dies or is incarcerated, the siblings of a minor child or children of the marriage may have reasonable visitation rights to such child or children during their minority if the court in its discretion finds that such visitation rights would be in the best interest of the child or children.

D. If the parents of a minor child or children of the marriage are legally separated or living apart for a period of six months, the grandparents or siblings of the child or children may have reasonable visitation rights to the child or children during their minority, if the court in its discretion find that such visitation rights would be in the best interest of the child or children.

Acts 1993, No. 261, §1; Acts 1999, No. 1352, §1.
 

LdiJ

Senior Member
TLWE said:
LRS title 9 Sec 344. Visitation rights of grandparents and siblings

A. If one of the parties to a marriage dies, is interdicted, or incarcerated, and there is a minor child or children of such marriage, the parents of the deceased, interdicted, or incarcerated party without custody of such minor child or children may have reasonable visitation rights to the child or children of the marriage during their minority, if the court in its discretion finds that such visitation rights would be in the best interest of the child or children.

B. When the parents of a minor child or children live in concubinage and one of the parents dies, or is incarcerated, the parents of the deceased or incarcerated party may have reasonable visitation rights to the child or children during their minority, if the court in its discretion finds that such visitation rights would be in the best interest of the child or children.

C. If one of the parties to a marriage dies or is incarcerated, the siblings of a minor child or children of the marriage may have reasonable visitation rights to such child or children during their minority if the court in its discretion finds that such visitation rights would be in the best interest of the child or children.

D. If the parents of a minor child or children of the marriage are legally separated or living apart for a period of six months, the grandparents or siblings of the child or children may have reasonable visitation rights to the child or children during their minority, if the court in its discretion find that such visitation rights would be in the best interest of the child or children.

Acts 1993, No. 261, §1; Acts 1999, No. 1352, §1.
That's good....now go read case law to make sure that the courts have not restricted the use of the statute.
 

BelizeBreeze

Senior Member
There was something in the thread that isn't there anylonger.

ANYWAY.

Art. 136. Award of visitation rights

A. A parent not granted custody or joint custody of a child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would not be in the best interest of the child.

B. Under extraordinary circumstances, a relative, by blood or affinity, or a former stepparent or stepgrandparent, not granted custody of the child may be granted reasonable visitation rights if the court finds that it is in the best interest of the child. In determining the best interest of the child, the court shall consider:

(1) The length and quality of the prior relationship between the child and the relative.

(2) Whether the child is in need of guidance, enlightenment, or tutelage which can best be provided by the relative.

(3) The preference of the child if he is determined to be of sufficient maturity to express a preference.

(4) The willingness of the relative to encourage a close relationship between the child and his parent or parents.

(5) The mental and physical health of the child and the relative.

C. In the event of a conflict between this Article and R.S. 9:344 or 345, the provisions of the statute shall supersede those of this Article.

Acts 1993, No. 261, §1, eff. Jan. 1, 1994; Acts 1995, No. 57, §1.


Sibling and/or GP visitation is allows only under certain circumstances as listed above.
 
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