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We all know that siblings can play a monumental role in the development of children. When children think about the people who played a dominant part in shaping their behavior and character, not infrequently they identify siblings. Given how much contact occurs between siblings, and the nature of many sibling relationships, we shouldn’t be too surprised by this fact. Siblings often play a major role in socializing each other and bridging the gap between the family and the rest of society; because of these realities, sibling connections are often very close. However, simply because sibling relationships may be very close doesn’t necessarily carry weight when it comes to custody or visitation matters.
The question becomes: can an adult (and therefore emancipated) sibling request formal visitation rights with a minor sibling? And, equally important, are sibling visitation requests evaluated differently from other visitation requests? Let’s take a look at the case of In re Victoria C (2012) for more information.
Facts of the Case
The case of In re Victoria C (2012) is primarily about an acrimonious relationship between a daughter and her father. The facts of this complex case can be summarized as follows: the daughter was born in 1993 and her father remarried her stepmother in 2005 after her biological mother passed away. The father and his daughter had a difficult relationship, and at one point the daughter went to live with a relative (while still a minor). Then, after she turned 18, the daughter sought to obtain formal visitation rights with her younger brothers (both of whom were in the custody of the father and stepmother). When she made her motion to the court, the daughter acknowledged several things: for one, she recognized that she had a difficult and at times hostile relationship with her father; secondly, she contended that having a regular relationship with her brothers would likely be a benefit to her from an emotional standpoint; she stated that she didn’t believe that the relationship between her brothers and her father would be negatively affected by visitation.
The father and stepmother attempted to block this visitation, and primarily argued that the daughter’s problematic relationship with the father would negatively impact the quality of the relationship between the brothers and the father. Furthermore, the father argued that requests from adult siblings for visitation should be treated the same as requests from grandparents from a legal standpoint.
Outcome: Siblings Treated the Same as Grandparents
Ultimately, the appellate court ruled in favor of the father (and stepmother). Although the daughter arguably made a compelling case that visitation would’ve been beneficial to all parties, the court concluded that the standard for grandparents applied to adult siblings as well. In practice, this means that adult siblings are required to show parental unfitness, or exceptional circumstances which demonstrate that visitation would be in the best interests of the child. In other words, the daughter basically had to show that failing to allow visitation would have a serious detrimental effect on the children. Since the daughter couldn’t show parental unfitness or exceptional circumstances, the appellate court denied the visitation.
Contact the Murphy Law Firm for More Information
If you would like to know more, reach out to one of the leading attorneys at the Murphy Law Firm today by calling 240-219-8963.
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