Custodia

A sibling, including a step-sibling, can petition the court for visitation rights with a minor child. The judge will hold a hearing where the child’s parents can be present. In order for the judge to grant a sibling reasonable visitation rights, the judge must determine that all of the following are true:

1. Visitation is in the best interest of the child;
2. The sibling is a fit and proper person to have visitation rights;
3. The sibling was not allowed to visit the child during the thirty-day period immediately before the date the petition was filed because either or both parents would not allow it; 
4. There is no other way the sibling would be able to visit the child without court intervention; and
5. The sibling has convinced the judge by clear and convincing evidence that the parents’ decision to refuse visitation with the child was not reasonable.¹

¹ RI Gen. Laws § 15-5-24.3(b)