Can a sibling get visitation?
A sibling, including a step-sibling, can petition the court for visitation rights with a minor child. The judge will hold a hearing where the child’s parents can be present. In order for the judge to grant a sibling reasonable visitation rights, the judge must determine that all of the following are true:
- Visitation is in the best interest of the child;
- The sibling is a fit and proper person to have visitation rights;
- The sibling was not allowed to visit the child during the thirty-day period immediately before the date the petition was filed because either or both parents would not allow it;
- There is no other way the sibling would be able to visit the child without court intervention; and
- The sibling has convinced the judge by clear and convincing evidence that the parents’ decision to refuse visitation with the child was not reasonable.1
1 RI Gen. Laws § 15-5-24.3(b)