Legal Opinion

Alexandra D. v. Santos

Appellate Division of the Supreme Court of the State of New York

Decided July 18, 2012Published

1Opinion of the Court

Pursuant to Domestic Relations Law § 71, a sibling may commence a proceeding to seek visitation with a whole or half sibling who is under the care, custody, and control of a parent or other person or party. Where the sibling seeking such relief is a minor, “a proper person” may seek such relief on his or her behalf (Domestic Relations Law § 71). Contrary to the Family Court’s determination, the petitioners at bar, who are seeking visitation with their half brother, have standing to commence this proceeding (id.; see State ex rel. Noonan v Noonan, 145 Misc 2d 638, 641 [1989]). Moreover, the…

2Cases cited1 opinion

  1. State ex rel. Noonan v. NoonanNew York Supreme Court · 1989

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