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66 Tenn. L. Rev. 977 (1998-1999)
Where Have You Been Fran - The Right of Siblings to Seek Court Access to Overrride Parental Denial of Visitation

handle is hein.journals/tenn66 and id is 987 raw text is: WHERE HAVE YOU BEEN, FRAN? THE RIGHT OF SIBLINGS TO SEEK COURT ACCESS TO OVERRIDE PARENTAL DENIAL OF VISITATION ELLEN MARRUS* Bessie and I have been together since time began, or so it seems. Bessie is my little sister .... Neither one of us ever married and we've lived together most all of our lives, and probably know each other better than any two human beings on this Earth. After so long, we are in some ways like one person. She is my right arm. If she were to die first, I'm not sure if I would want to go on living because the reason I am living is to keep her living.' This article is about sibling relationships. It is about their psychological importance and their effects on the siblings and on the family as a whole. In particular, it is about what happens when parents decide to separate siblings or half-siblings and deny them all contact or visitation with each other after divorce or the death of a common parent.' In this article, I argue that siblings * Associate Professor and Director, Clinical Programs at the University of Houston Law Center. J.D., University of San Francisco School ofLaw; L.L.M., Georgetown University Law Center. I want to thank Martin Guggenheim, Thomas Oldham, Laura Oren, and Irene Rosenberg for their comments on earlier drafts of this article. I also want to thank Diane Guillerman, Shelley Morkovsy, and Rhonda Vickers for their excellent research assistance and Harriet Richman, the University of Houston Faculty Services Librarian, for her help and support. The University of Houston Law Foundation provided financial support for this article. i. SARAH DELANEY ET AL., HAVING OUR SAY: THE DELANEY SISTERS' FIRST 100 YEARS 5 (1993). In her book, Sarah (Sadie) Delany, who was 103 years old at the time, discussed her relationship with her younger sister Bessie (Elizabeth), who was then 101 years old. See id. The Delany sisters exemplified how the sibling relationship influences a person during his or her entire lifespan. Sarah and Elizabeth Delany shared many life experiences, both inside and outside the home, which formulated the basis for their strong sibling bond. Id. They lived together as they grew up and continued living together as adults, providing each other with emotional security, financial stability, and companionship. Id. 2. In this article I do not discuss the separation of siblings when the state intervenes due to abuse or neglect by the parent, a topic that has been examined by others. For a discussion of the rights of siblings to remain together or, at a minimum, to maintain sibling visitation after state, see William Wesley Patton & Sara Latz, Severing Hansel from Gretel: An Analysis ofSiblings'Association Rights, 48 U. MIAMI L. REV. 745 (1994); see also Judy E. Nathan, Note, Visitation After Adoption: In the Best Interests of the Child, 59 N.Y.U. L. REV. 633 (1984); Christine D. Markel, Note/Comment, A Quest for Sibling Visitation: Daniel Weber's Story, 18 WHITTIER L. REV. 863 (1997); Barbara Jones, Note, Do Siblings Possess Constitutional Rights?, 78 CORNELL L. REV. 1187 (1993).

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