Consideration for half siblings in NY State?

[wileybunch]

What is the name of your state (only U.S. law)? New York

My DD lives in upstate NY with her boyfriend. They have one child together (3 in December) and another due in December. He has a daughter from prior relationship that he has parenting rights for, regular visitation, 1/2 time in the summer. DD has a son from prior relationship.

Mom filed a motion that she doesn't want her DD at my DD's house. Dad said his DD spends time with her brothers during his parenting time, too. [Legally, she only has ONE brother there, her half brother (my DD's son)]. Judge has said these are not her real brothers, they are her HALF brothers, and my DD's house is a 3rd party house and that she is not allowed to spend the night at my DD's house. They must be under temporary orders because this is already in effect with a trial next month.

I realize this case is a little complex, a few moving parts, but my question is this --

Does NY state not recognize half siblings?

 

[Isis1]

this is a no paramour order? or grandchild can't be present with dad's child is there?

 

[wileybunch]

I don't know what legal grounds the judge has in that regard. Will find out. My question was only with regard to the children and the judge's comment that they don't matter, they aren't her "real" siblings, only "half". But, I also realize there may be an overarching issue with the adults. Anyway, will find out more about that end of things.

 

[LdiJ]

What is the name of your state (only U.S. law)? New York

My DD lives in upstate NY with her boyfriend. They have one child together (3 in December) and another due in December. He has a daughter from prior relationship that he has parenting rights for, regular visitation, 1/2 time in the summer. DD has a son from prior relationship.

Mom filed a motion that she doesn't want her DD at my DD's house. Dad said his DD spends time with her brothers during his parenting time, too. [Legally, she only has ONE brother there, her half brother (my DD's son)]. Judge has said these are not her real brothers, they are her HALF brothers, and my DD's house is a 3rd party house and that she is not allowed to spend the night at my DD's house. They must be under temporary orders because this is already in effect with a trial next month.

I realize this case is a little complex, a few moving parts, but my question is this --

Does NY state not recognize half siblings?

Dad apparently has his own home? I am sure that NY recognizes half siblings. This particular judge may however have made a bit of an iffy call on it. However if dad has his own home then I can see some judges ordering that dad's visitation needs to take place at dad's home.

That doesn't mean however that your daughter and the kids couldn't hang around at dad's during the day so that the sibs can spend time together.

However, if your DD and he actually live together...then the judge made a bad call. Its not a new relationship if they have a 3 year old.

 

[Isis1]

Dad apparently has his own home? I am sure that NY recognizes half siblings. This particular judge may however have made a bit of an iffy call on it. However if dad has his own home then I can see some judges ordering that dad's visitation needs to take place at dad's home.

That doesn't mean however that your daughter and the kids couldn't hang around at dad's during the day so that the sibs can spend time together.

However, if your DD and he actually live together...then the judge made a bad call. Its not a new relationship if they have a 3 year old.

in the legal sense of the word, it's still a sibling, though, isn't it?

 

[LdiJ]

in the legal sense of the word, it's still a sibling, though, isn't it?

Yes, absolutely, which is why this is a little puzzling.

 

[wileybunch]

Thanks, guys. There's some nasty fighting and lying going on and Dad has now lost his job so qualifies for a court-appointed family court attorney so hopefully they can sort it out (he'd been representing himself before and doesn't so super well with it).

 

[nextwife]

Two children who share a legal parent are siblings! Why would a judge clarify them as being "only" half sibs? They are still sibs!

Even if they are not biologically related. I know of a number of rainbow adoptive families in which their kids have siblings of mutiple ethnicities and national origins. And all their kids are siblings to each other.

 

[BL]

What is the name of your state (only U.S. law)? New York

My DD lives in upstate NY with her boyfriend. They have one child together (3 in December) and another due in December. He has a daughter from prior relationship that he has parenting rights for, regular visitation, 1/2 time in the summer. DD has a son from prior relationship.

Mom filed a motion that she doesn't want her DD at my DD's house. Dad said his DD spends time with her brothers during his parenting time, too. [Legally, she only has ONE brother there, her half brother (my DD's son)]. Judge has said these are not her real brothers, they are her HALF brothers, and my DD's house is a 3rd party house and that she is not allowed to spend the night at my DD's house. They must be under temporary orders because this is already in effect with a trial next month.

I realize this case is a little complex, a few moving parts, but my question is this --

Does NY state not recognize half siblings?

So basically the Judge granted the motion , at least for the time being .

Why would mom file a motion like that ?Dad can give permission for the child to spend overnights at a friend, or does Mom want rights of refusal ?

 

[wileybunch]

In short, Mom is jealous and insecure. She's bad all the time, but worse when Dad has a child on the way with my DD and also when they went to take the DD (on Dad's time) out west for a family vacation a few years ago (she filed an emergency order then claiming drug/alcohol use while Dad was on vacation so she could pick DD up right away when they got home -- she was trying for kidnapping, but that didn't work). It's ridiculous, but Dad's been without the means to hire attorney so has tried to handle things on his own. When she lies like that emergency order time and it's not substantiated, she never gets into trouble, either. Her husband is a man she married between the time he was arrested and sentenced to prison for killing a man during a home robbery. And, she's also told her DD to call him "Daddy", etc (and I know in the past was taking her up to the prison for visits, too). The guy's in for life so they will never have a "real" home life. The real dad has so many things he could put together about the mom, but he's just not astute in legal things AT ALL and doesn't have $$ to pay an attorney. Mom's gotten one for free through legal aid for the past few years.

 

[Rushia]

NY does have a statute for sibling visitation. Check out NY statute DRL 71. Technically your DD could sue the other mom so that the children could visit. The judge erred big time.

 

[BL]

Well , hopefully that Dad is now going to be represented , these issues will be taken care of ,if the facts are put before a Good Judge.

 

[BL]

NY does have a statute for sibling visitation. Check out NY statute DRL 71. Technically your DD could sue the other mom so that the children could visit. The judge erred big time.

Some Judges just don't give a hoot . They know that most won't be able to afford an appeal .

In this case though , being a PD is appointed , the case could ,if need be .

 

[nextwife]

So, if MOM remarried, her husband's child would not be allowed around her firstborn, and any child SHE has with her new hubby wouldn't be allowed around her older child? Makes no sense.

 

[BL]

So, if MOM remarried, her husband's child would not be allowed around her firstborn, and any child SHE has with her new hubby wouldn't be allowed around her older child? Makes no sense.

Makes you wonder what the reason for the motion was in the first place .

I doubt it was put because they are only 1/2 sibs.