§ 15-5-24.4 - Sibling visitation rights.
SECTION 15-5-24.4
§ 15-5-24.4 Sibling visitation rights.– The family court, upon miscellaneous petition of a brother, sister,half-brother or half-sister, stepbrother, stepsister, or on behalf of any ofthose persons by his or her legal guardian, for visitation rights for thepetitioner's sibling, half-sibling or stepsibling and upon notice to bothparents of the child and notice to the child, and after a hearing on thepetition, may grant reasonable rights of visitation of the sibling to thepetitioner. The court, in order to grant reasonable rights of visitation, mustfind and set forth in writing the following findings of fact:
(1) That it is in the best interests of the child that thepetitioner is granted visitation rights with the child;
(2) That the petitioner is a fit and proper person to havevisitation rights with the child;
(3) That the petitioner has repeatedly attempted to visit hisor her sibling, half-sibling or stepsibling during the six (6) monthsimmediately preceding the date the petition was filed and was not allowed tovisit the child during the six (6) month period as a direct result of theactions of either, or both, parents of the child;
(4) There is no other way that the petitioner is able tovisit his or her sibling, half-sibling or stepsibling without courtintervention; and
(5) That the petitioner, by clear and convincing evidence,has successfully rebutted the presumption that the parent's decision to refusethe petitioner's visitation with the child was reasonable.
(b) The court may issue all necessary orders relative to thevisitation rights granted to the petitioner. Once the petitioner has beengranted reasonable visitation rights, notice of any petition seeking a changein custody or visitation shall be served on the petitioner.