New York Consolidated Laws

N.Y. Domestic Relations Law § 71 (2026)

Special proceeding or habeas corpus to obtain visitation rights in respect to certain infant siblings

✓ current as of May 2026

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§ 71. Special proceeding or habeas corpus to obtain visitation rights
in respect to certain infant siblings. Where circumstances show that
conditions exist which equity would see fit to intervene, a brother or
sister or, if he or she be a minor, a proper person on his or her behalf
of a child, whether by half or whole blood, may apply to the supreme
court by commencing a special proceeding or for a writ of habeas corpus
to have such child brought before such court, or may apply to the family
court pursuant to subdivision (b) of section six hundred fifty-one of
the family court act; and on the return thereof, the court, by order,
after due notice to the parent or any other person or party having the
care, custody, and control of such child, to be given in such manner as
the court shall prescribe, may make such directions as the best interest
of the child may require, for visitation rights for such brother or
sister in respect to such child.

Notes of Decisions

Cited in 38 cases (5 in the last 5 years), 1990–2025 · leading case: Debra H. v. Janice R., 930 N.E.2d 184 (NY 2010).

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Debra H. v. Janice R., 930 N.E.2d 184 (NY 2010). · cites it 2× “The Legislature authorizes parents to bring proceedings to ensure the proper care and custody of their children and has permitted a limited class of other personssiblings and grandparents standing to seek visitation in specified circumstances ( see Domestic Relations Law §§…”

Carrie B. v. Josephine B., 81 A.D.3d 1009 (N.Y. App. Div. 2011). · cites it 3× “Rather, a brother or sister may apply for visitation only “[w]here circumstances show that conditions exist which equity would see fit to intervene” (Domestic Relations Law § 71). Thus, assuming—without deciding—that petitioner, who is not the children’s sister “by half or whole…”

Alison D. v. Virginia M., 572 N.E.2d 27 (NY 1991). “, Domestic Relations Law §71 [special proceeding or habeas corpus to obtain visitation rights for siblings]; § 72 [special proceeding or habeas corpus to obtain visitation rights for grandparents]; see, Lo Presti v Lo Presti, 40 NY2d 522, 526-527 ).”

King v. King, 15 A.D.3d 999 (N.Y. App. Div. 2005). “The son, who is an adult, has not appealed and petitioner is not aggrieved by that part of the order dismissing that part of the petition (see CPLR 5511). Finally, we conclude that the court properly declined to address petitioner’s allegations that respondent violated “Penal…”

In re Lovell Raeshawn McC., 308 A.D.2d 589 (N.Y. App. Div. 2003). “Although, postadoption sibling visitation is permissible pursuant to Domestic Relations Law § 71, the court should determine whether such visitation is in the child’s best interest (see e.”

Perry-Rogers v. Fasano, 276 A.D.2d 67 (N.Y. App. Div. 2000). · cites it 2× “…Law §§ 70, 240), grandparents (Domestic Relations Law §§ 72, 240) and siblings related by whole or half-blood (Domestic Relations Law § 71). The Rogerses rely on the proposition that because the statutes must be strictly construed, they must be interpreted to preclude…”

Matter of Melody J.M.M. (Craig M.--Bertha H.), 2017 NY Slip Op 1208 (N.Y. App. Div. 2017). “The Family Court’s award of visitation to the child’s uncle was erroneous inasmuch as the uncle lacked standing to seek visitation (see Family Ct Act §§ 651 [b]; 1081; Domestic Relations Law §§ 71, 72; see also Matter of Erica S.”

Bessette v. Saratoga Cnty. Comm'r of Soc. Servs., 209 A.D.2d 838 (N.Y. App. Div. 1994). “, Domestic Relations Law §§71 [siblings given right to seek visitation], 72 [grandparents given right to seek visitation]; Family Ct Act § 1081 [noncustodial parents and grandparents given visitation rights with a child in foster care]; Social Services Law § 383 [certain foster…”

In re the Adoption of Gerald T., 211 A.D.2d 17 (N.Y. App. Div. 1995). “Essentially, section 383-c conveys standing on the biological parent similar to the standing afforded grandparents under Domestic Relations Law § 72 and afforded a sibling under Domestic Relations Law § 71.”

McHarris v. Admin. for Child.'s Servs., 53 A.D.3d 660 (N.Y. App. Div. 2008). “, 223 AD2d 363 [1996]; Family Ct Act § 1081; Domestic Relations Law §§ 71, 72). Fisher, J.”

In re Alexandra C., 157 Misc. 2d 262 (N.Y.C. Fam. Ct. 1993). “Essentially, section 383-c conveys standing on the biological parent similar to the standing afforded grandparents under Domestic Relations Law § 72 and afforded a sibling under Domestic Relations Law § 71.”

Fitzpatrick v. Youngs, 186 Misc. 2d 344 (N.Y.C. Fam. Ct. 2000). “If it is found to be appropriate, then visitation is limited to the grandparents (or siblings under Domestic Relations Law § 71). The New York courts have been careful to strictly and narrowly construe the statute to the category of relative contained in the statutory language.”

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