Sibling visitation

[Ohiogal]

Thanks BB

I was confused and couldn't make the connection.

 

[TLWE]

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.

So the between the LRS title 9 Sec 344 I posted and the CC Art. 136. Award of visitation rights you posted. The answer to the OP's question is yes, under extraordinary circumstances...there could be sibling visitation.

That would be one he!!uva court fight I would love to watch.

 

[MrsK]

So the between the LRS title 9 Sec 344 I posted and the CC Art. 136. Award of visitation rights you posted. The answer to the OP's question is yes, under extraordinary circumstances...there could be sibling visitation.

That would be one he!!uva court fight I would love to watch.

It would be a fight in this state (I live in LA). Usually a parent must die, be in jail for a certain period of time, or for some reason not be able to see the child and then, the grandparent/sibling visitation is usually ONLY granted if its "in the best interest of the child" or there was some long going relationship btwn the grandparent/sibling, and even then...its usually not much.

I was speaking with someone recently went through this- had remarried & had biodads rights terminated & stepdad adopt & biograndma wanted visitation rights to the child. She was awarded 5 SUPERVISED hours a month, could not speak about biodad or badly about mom, couldnt bring any other family around the child, could not go overboard with gifts, etc. No other visitation, including holidays. MUCH less than grandma had wanted (EOW, holidays, etc)

So basically, unless it REALLY means a lot to the granparent to see the child, it probably isnt worth the expense to get 5 hours a month, supervised, and all the stipulations that came along with it. They do *sometimes* award stuff like this, but not like grandparents would want.

 

[indian spirit]

thanks for the replies. As the children have never met and dont know one another now I assume it would be impposiable and costly to attempt.

 

[MrsK]

thanks for the replies. As the children have never met and dont know one another now I assume it would be impposiable and costly to attempt.

Pretty much. You might consult an atty, though.

Do YOU want to do this or is there an outside person (grandparent) who wants 2 grandchildren to meet up?

 

[indian spirit]

i do. I have 2 children, and they have a half sister. My husband there father does not have visitation. Although the mother does allow the Paternal grandmother and Aunt to visit and spend time with the child.

Its not so much the mother as it is the step father. And yes even though LEGALLY he has no right to determine anything regarding this child. he can make life miserable for the mother.

The paternal GM and Aunt dont want to run the risk of not being able to she the child by bringing my children around. As the Step father has made that threat.

Was just hoping that there was a law so that the mother wouldn't get the backlash.

 

[Shay-Pari'e]

Why doesn't your husband have visitation with his own child Kelly?

 

[Shay-Pari'e]

https://forum.freeadvice.com/showthread.php?t=314204

Need I say more?

 

[Rushia]

My response:

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

Thanks.

IAAL

Sorry for the confusion (this would be for Stealth too). I just wanted Kelly to know that her cookie cutter answer is not going to work. I just used NY as a reference for Kelly, since she's claimed to live in NY.

IAAL, please don't make me look things up. I'm sick, I have strep throat. NY Domestic Relations 71 pertains to sibling visitation and 72 to GP's. It simply means that (in NY) under certain circumstances that siblings and GP's have standing to sue.

 

[indian spirit]

i am not kelly and these are 2 seperate issues.

And because I have lost 2 children, I want my kids to be able to know their sibling. As you never know what will happen tomorrow.

And shay if you need proof that I am not Kelley I can give you a link to newspaper article regarding my boys.

 

[casa]

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?

Though I'm unfamiliar with LA law specifically~ I do have a friend in LA who fought for, and won, sibling visitation in 2002. However, in their case they had an "existing bond"...the court did make the visitations at a center initially- then a public park (designated)- then eventually at the sister's home.

I would think the overall determining factor would be what impact the change (visitation) would have on the children's existing schedule/life...and unfortunately, whether or not they had an existing bond shared.

Good Luck to you either way

 

[casa]

i am not kelly and these are 2 seperate issues.

And because I have lost 2 children, I want my kids to be able to know their sibling. As you never know what will happen tomorrow.

And shay if you need proof that I am not Kelley I can give you a link to newspaper article regarding my boys.

It would be VERY UNwise to post any links which contain personal information~ Perhaps you'd consider Personal Messaging shay instead?

 

[Shay-Pari'e]

Anyone can post an article about anything, but it doesn't mean it is about you.

You state you have 2 kids in this thread, yet in March you had three. (One after the deaths). In one of your posts you are asking for a friend who was a convicted molester wanting to see his kids.

Is this your hubby?