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Legal Information: Rhode Island

Custody

Updated: 
November 30, 2023

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:

  1. Visitation is in the best interest of the child;
  2. The sibling is a fit and proper person to have visitation rights;
  3. 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; 
  4. There is no other way the sibling would be able to visit the child without court intervention; and
  5. 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)