The court does not necessarily separate siblings to accommodate parents. But what if the children themselves apply for joint custody? Babysitting: Siblings who have gone through a divorce often mention that another sibling serves as a janitor or protector so they don`t have joint custody. Older siblings often help younger siblings understand what`s going on, or even protect them from less pleasant realities. As long as the home in question is safe and secure and all parties remain ready, the court can sign a parenting plan that includes shared custody. The main goal of a child care plan is to protect a child`s well-being, which can mean preserving the relationships they have. This also includes relationships with half-siblings. In most cases, a judge would consider it possible to keep half-siblings together if it is in their best interest to do so. However, there may be circumstances that warrant keeping them apart to ensure their safety or limit their exposure to domestic violence. In general, the courts prefer to keep children together. However, this may be impossible if they have different parents. Divorce and custody cases are difficult for everyone, but especially for children.
In these turbulent times, courts are reluctant to separate siblings, even if the parents or children themselves request it. If the parent tends to involve the children in parental conflicts and conflicts of loyalty, or overloading the children with information they really shouldn`t hear, and denigrating the other party or other types of inappropriate remarks, then these are factors that the court will meaningfully consider when determining custody. Considering these factors can help parents design a parenting plan that works for them and their children. That is, understanding that the relationship with half-siblings is only one element in determining what is in the best interests of a child. Several other factors can affect a child`s placement. The court recognizes that each family situation is unique; The separation of siblings is not an arid subject. The judge will consider many factors and make a decision based on what is in the best interests of the children. I use the word “differentiating” throughout when we discuss the different factors, which means that this factor favours one parent over the other and therefore “distinguishes” the two parents.
However, if a parent was not as involved in the child`s life (suppose they were imprisoned or absent for an extended period of time for some other reason), courts might consider attachment as a “differentiating” factor. If you`re getting divorced and you`re half-siblings in the photo, it can be difficult to create a parenting plan that allows all of your children and your ex`s children to stay in each other`s lives. Courts in most states oppose the separation of siblings if their parents divorce. Children experience the trauma of their parents` separation, and judges often consider it an additional cruelty in an already vulnerable time to separate them from each other. However, this does not mean that no judge will ever order such an agreement. It simply means that parents have the burden of convincing the court that such shared custody is good for their children and their family`s situation. Children go through so much during the trial that judges are reluctant to add anything. This includes the separation of siblings after divorce.
One case in which the court can agree on the separation of siblings are cases of antagonistic relationships. For example, if a brother and sister cannot coexist in the same environment, the court can separate them. There may also be cases where a child prefers to live with one parent over the other, which could potentially lead to sibling separation. In California, a court must consider the child`s wishes if the child is “of sufficient age and capacity to argue for forming an intelligent custody or visitation preference.” While the court may sometimes allow a younger child to convey their wishes to the judge, a child 14 years of age or older must be allowed to do so. While there are certain circumstances in which parents or children can separate the court in the event of a sibling divorce, in most cases this is not even an option. Divorce and custody battles are difficult for everyone, especially children. The courts are reluctant to do anything that adds to this burden, including granting joint custody. These documents should not only address parents who spend time with children, but also take into account that siblings spend time together in shared custody cases. Custody arrangements and arrangements become entangled under the best of circumstances. With regard to these arrangements, the logistical effort is only increasing, especially with a greater number of children.
The policy in Pennsylvania is that siblings can be raised together whenever possible (the doctrine of family unity or the doctrine of the whole family).