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.
Yes, a parent may deny grandparent visitation rights, as parents have more extensive rights over their children. However, most courts will assume that it is in the child's best interest to maintain a relationship with their grandparents unless the parent can demonstrate that it would be harmful to the child.
A custodial parent can't deny the noncustodial parent visitation unless a court order permits them to do so. However, either parent may initiate a modification of an existing order—including an emergency order in certain situations—with the appropriate family court in your jurisdiction.
Consistent or Frequent Denials of Visitation in New York Contempt penalties may range from a chastisement, to fines, jail time, a change of custody or a change of future maintenance or child support.
Courts usually order reasonable visitation to the non-custodial parent. When you and the other parent live near one another, and you have a reasonably friendly post-divorce or post-separation relationship, you can agree on a visitation schedule that is in the best interest of the child and works with your schedules.
To file for custody, you must contact the court where the child resides. Each New Jersey Court has a Family Division that will provide the relevant forms you need to fill out and submit along with the accompanying fees. For additional information, the New Jersey Courts offer help on their website.
Who can get visitation in New York? Either parent, siblings and half-siblings, and grandparents can ask for visitation. The court will determine whether visitation is in the child's best interest. A parent is entitled to frequent and meaningful visitation, unless it is shown that it would be harmful to the child.
For sole physical custody, a common schedule in New York gives the noncustodial parent visits every other weekend, plus one to two visits midweek. You can customize this to fit your situation with Custody X Change.
In reality, there's no “magic age” in New York that permits a child to decide which parent they prefer to live with. The court retains the authority to make that decision until the child turns 18. However, that doesn't mean that a child's opinion on the issue won't be taken into consideration.