Sibling Rights to Visitation in PA
When children are removed from their homes and placed into the foster care system, they deserve as much familiarity as possible to help them through this overwhelming and distressing time. One way to ensure this is to allow children to maintain stable, constant relationships with their brothers and sisters. But what if it’s impossible to place siblings in the same home–– do siblings have rights to visitation, or can elder siblings even seek child custody of their younger family members? While the outcome will always depend on a family’s unique circumstances, there are some general principles the courts will consider when answering these questions, which our attorneys will review below.
Whether you have questions about visitation or you’re seeking custody of a sibling in PA, the LLF Law Firm Family Law Team can help. Get the support you deserve from our attorneys today by calling 888.535.3686 or contacting us online.
Do Siblings Have the Right to Visitation in Pennsylvania?
In PA, there’s currently no law protecting sibling visitation and custody rights, although this could be subject to change. But where possible, siblings should be placed together to help them feel safer and more secure in a new home. But situations where siblings may not be placed together include, for example, if one sibling is abusive towards another, or if living together will trigger or reinforce negative feelings such as shame or guilt. So, given the possibility for sibling relationships to be unhealthy, there’s no automatic right to visitation for siblings in PA.
Instead, older siblings can petition the court to visit their younger siblings. Judges, when determining visitation, will consider factors such as the sibling’s fitness to visit the younger child and what is in the child’s best interests. Even if the court decides that in-person visitation is not suitable, they could instead award alternatives such as telephone or online meetings, which is an outcome that your LLF Law Firm attorney will strive for should in-person visitation be impossible.
Seeking Custody of Siblings in Pennsylvania
As there is no automatic right to sibling visitation in PA, there’s also no specific framework for an older sibling to seek custody of a younger sibling. However, relatives aged 21 and over can seek custody of a minor child, and so siblings may seek custody through petitioning the court for a custody order.
When determining whether to award custody, the judge will consider whether the sibling has been denied visitation, the strength of their relationship with their younger sibling, and whether the elder sibling is capable of providing for the child. Seeking custody typically involves presenting evidence to convince the court that the order is in the child’s best interests–your LLF Law Firm attorney will help you present the most compelling and persuasive case possible in the circumstances.
How the LLF Law Firm Family Law Team Can Help
As experienced family law attorneys, we understand how challenging it can be to navigate the family court system, particularly as a sibling with difficulties obtaining visitation or custody. That’s why the LLF Law Firm Family Law Team stands ready to assist you and your siblings. We will guide you through the entire process, ensuring you fully understand your rights and legal options, and we’ll help you make empowered decisions in the best interests of your family. Don’t let the PA family court system overwhelm you. Instead, contact the LLF Law Firm Family Law Team now at 888.535.3686 or complete our online contact form.