If the sibling wants to get custody rights over their younger sibling, they will have to show the court that both of their parents are not capable or fit to care for their sibling or that both of their parents have passed away.
Who May File a Petition for an Order of Custody? A parent, grandparent or a person with a substantial connection or relationship with the child may file a petition in Family Court requesting that the court place the child in his or her custody.
Usually a judge in New York will only grant joint custody when both parents agree to it. Even then, a judge will question the parents to determine whether joint custody is in the best interests of the child. If a judge feels joint custody will be successful, they may then grant it.
If a court order gives certain custody or visitation rights to a party and the other party fails to obey the order, the complaining party may file a petition alleging a violation of the order.
A letter of agreement between two parents should clearly state the terms of their co-parenting arrangement, including custody, visitation, decision-making responsibilities, and financial obligations. Both parents should sign the letter, which should be notarized to ensure enforceability.
How do I ask the court for custody or visitation of my child? Anyone can file a custody or visitation petition in Family Court. The parent must name the other parent on the petition and explain the reasons why he/she should have custody. Either parent in a custody or visitation petition has the right to an attorney.
The statute applies to full siblings as well as half-siblings. This means that both full siblings and half siblings have standing to petition the court seeking visitation with their siblings. On the other hand, under the statute, non-blood siblings such as step siblings or foster siblings do not have standing.
If there is no custody order, either parent can keep the child.
How do I ask the court for custody or visitation of my child? Anyone can file a custody or visitation petition in Family Court. The parent must name the other parent on the petition and explain the reasons why he/she should have custody. Either parent in a custody or visitation petition has the right to an attorney.