Separation of Siblings by a Court Order

When parents part ways in New York State, absent agreement between them, the court is required to determine custody of their children by deciding what custodial arrangements will be in the best interest of the children.  Many factors are considered in the process.  Read more about some of those factors in our Divorce Law FAQ blog.

Upon a divorce or other breakup of a family, the children lose the stability and continuity of the parental relationship.  It is considered preferable (and in the best interest of the children) for custodial arrangements to permit the children to remain together.  If one parent is to receive sole custody of the children, all the children live with that parent.  If the custody agreement divides the parents’ time with the children, the children all go from one house to the other on the same schedule.  This permits the children to maintain their relationship with one another.

Separating siblings after their parents have separated is yet another loss for the children to suffer.  Nevertheless, siblings can be, and sometimes are, separated from one another by court order.

This occurs when it is determined that the needs and interests of each child are best served by different circumstances.  Perhaps each child is not bonded with the same parent.  The schools available at one parent’s post-split home may not suit a child’s needs or aptitudes, but the school at the other parent’s home does.  The potential reasons for separating siblings are a varied as families are.

The emotional, legal issues should be discussed with an experienced family/matrimonial attorney.  The attorneys at O’Connell & Aronowitz are ready and able to provide valuable legal advice and guidance.  Contact our team today.  Click here to reach our family and matrimonial attorneys.