In the realm of family law court filings, there is a unique scenario in family dynamics that is becoming increasingly more common – the issue of sibling visitation. While it may seem perfectly logical for siblings to live together, or have access to one another through traditional family relationships, there are non-traditional families that make sibling relationships difficult to manage.
With the divorce rate still resting well over 50 percent in the United States, what we are experiencing in family law is the increase in the number of half-siblings. These are sibling bonds that develop when couples have children, divorce, and then have additional children in subsequent relationships. What results is the production of children who are connected by one biological parent, related as “half-siblings. The dynamic in half-sibling relationship can be convoluted and strained when the biological parent is no longer actively involved in the lives of the children, and the half-siblings desire a relationship with one another.
In family law courts, these types of visitation are unique but increasing nonetheless. The visitation of half-siblings must be established by a court and often involves the collaboration of the non-biological parents to these children. While, in optimal relationships, the biological parent would take the lead in fostering and developing relationships among children when that parent is not available, the non-biological parents must encourage the relationship with their own children.
If you have been served with child visitation paperwork that involves the visitation of your biological children with children that are not biologically your children, but are the half-siblings of your children, it is important to know how your state views this type of relationship. In most jurisdictions, the state will not consider the relationship you have with the other parents but, instead, will consider what factors are in the best interest of the half-siblings involved. If the half-siblings benefit from developing a relationship that involves regular visitation, the court may order that the non-biological parents welcome and participate in regular visitation activity.
This dynamic is important to consider especially if you plan to have children with a spouse or partner that has children from a prior marriage or relationship. Because these children are essentially going to be the half-siblings to your child, it is important to be prepared for the potential issues of civil matter involving visitation should your partner die or you are separated for some reason. You may need to expect and prepare for family law matters that involve the half-sibling relationship and legal obligations you have to half-sibling visitation matters.
With divorce continuing to rise, many family dynamics involve step-parents, blended families and half-siblings. Because sibling relationships are important, family law courts are now experiencing a rise in visitation requests for half-siblings. As a parent, it is important to understand how this dynamic may impact your lifestyle should you plan to have children with someone who has children from a prior marriage or if you are in the process of divorcing and your spouse may re-marry and have additional children in the future.
