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Florida Laws on Maintaining Sibling Groups by Claire Salitsky: Case Law

Importance of Maintaining Sibling Groups

Important parts related to maintaining sibling groups:  From a supplement on Florida Statutes: "It is the intent of the Legislature that each child be assured the care, guidance, and control in a permanent home which will serve the best interests of the child's moral, emotional, mental, and physical welfare and that such home preferably be the child's own home or, if that is not possible, an adoptive home... . It is the intent of the Legislature that permanent placement with the biological or adoptive family be achieved as soon as possible for every child in foster care and that no child remain in foster care longer than 1 year... . When two or more children in foster care are siblings, every reasonable attempt shall be made to place them in the same foster home; and, in the event of permanent commitment of the siblings, to place them in the same adoptive home."

When Siblings Don't Want to be Together

Important parts: "Additionally, while the courts generally prefer to keep siblings together, there are exceptions for when the children are old enough to express a preference or when it is in their best interest to be separated.  In this case, the daughter expressed a desire to live with her mother and the sons preferred to live with their father. In light of the one son's threat against his mother, it cannot be said that the court abused its discretion in this matter."

Best Interests Determination Concludes Separation of Siblings Best

Important parts: "Although courts generally prefer to keep siblings together, there are circumstances warranting separation. See Griffith v. Griffith, 627 So.2d 527 (Fla. 2d DCA 1993). When family structures are complex, and the trial court does not have jurisdiction over all the children and all the parents, there can be no rigid rule requiring half-siblings to remain together in a single residence. The bonding among such children is certainly an "other fact," see § 61.13(3)(k), Fla. Stat. (1995), that the court may consider relevant to its decision, but it is not the controlling factor. The trial court considered the bonds among the children as a factor in this case, but decided that, in light of all the relevant factors, the best interests of the children would be served if the husband had primary residential custody. "

Siblings Cannot Intervene in Adoptions

Important parts from case showing importance of maintaining sibling contact: "Before concluding, we note that the court expressed its concern that the siblings, who asserted a desire for visitation with the adopted minor, have an opportunity to get to know each other in the future. Given the adopted minor's statutory right under section 63.0427 to "have the court consider the appropriateness of postadoption communication or contact, including, but limited to, visits, letters and cards, or telephone calls, with his or her sibling who are not included in the petition for adoption," we do not foreclose the opportunity of the adoption court to consider whether the child's best interests will be served by future communication or contact with her siblings."
 
***This case said it did not matter if the siblings had never had much contact before.  Because they were siblings by birth they were entitled to visitation and communication.  It disagreed with the Brown case below.

Adoptive Parents given standing to intervene in adoption of sibling because they had custody of the other three siblings

679 So.2d 64 (1996)

J.R. and A.R., Petitioners,
v.
R.M. and S.M., Guardian Ad Litem and Department of Health and Rehabilitative Services, Respondents.

No. 96-2770.

District Court of Appeal of Florida, Fourth District.

September 4, 1996.
Important parts:  "The minor child's three siblings already reside with petitioners, who have initiated proceedings to adopt not only the minor child, but his three siblings as well. Petitioners' interest is direct and immediate; their interests would be directly and adversely affected by the outcome of the foster parents' pending adoption proceeding."

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