If you get married to someone who already has a child, it’s possible that you’ll develop an incredible bond with them. That’s part of the reason why divorce can be so difficult for a stepparent. When it comes to child custody or visitation, the court just isn’t going to see you the same way as they would see a biological parent though. This does not mean that things are completely hopeless though. Our Dallas County child custody lawyers can tell you what you can do to make your case for visitation during the divorce process.
Does a Stepparent Have the Right to Seek Custody or Visitation?
A stepparent can ask for custody or visitation. The problem is that the court might not necessarily see this as in the child’s best interest. Normally, when parents divorce, the court will assume that the best thing for a child is to keep their relationship with both parents as they grow up. So one parent may get more parenting time, but the other one will at least get visitation. The parents often share legal custody as well, meaning that they both get to be heard when major decisions about the child’s healthcare or education get made.
A stepparent does not get this same consideration. The court is not going to default to offering them visitation rights or part-time custody. A stepparent needs to prove that they should get visitation rights.
There is an exception though. Stepparents who formally adopt their stepchildren are seen as legal parents. In a divorce, they would be more than likely to get visitation and custody rights. This can only occur if both parents consent though. It can be difficult to convince someone to give up their parental rights to you.
What Would a Stepparent Have to Prove to Get Visitation Rights?
When evaluating a stepparent’s request for visitation or custody, the court wants to see that the termination of this relationship would be a negative thing for the stepchild. You have to show that it is in the best interest of the child that your relationship continues.
This means that you have to show that you have been a good stepparent and that your guidance has enhanced or improved the life of your stepchildren. It can be difficult to do this, but it’s possible. A lawyer can help you gather evidence and make the most convincing argument possible. You can also ask family members and friends to testify on your behalf. Even if this is an uphill battle, it’s one worth fighting.
Meet With Our Attorneys Today
If you are a stepparent and you are wondering about your rights, contact Iowa Defenders, PLLC. We can help you argue for visitation rights with your stepchildren after a divorce.
