Am I Entitled to Stepparent Visitation After a Texas Divorce?

 Posted on January 22, 2025 in Family Law

There are situations in which an individual has been married for many years and perhaps even acted as a parent to his or her spouse’s child for many years. When a divorce occurs, the stepparent may assume he or she will be able to obtain visitation rights in the same way as any parent. Unfortunately, if the stepparent did not legally adopt the child, there are no automatic visitation rights, but the stepparent can petition the court to receive visitation.

As with every decision made by the courts on behalf of a child, the decision will be based on the best interests of the child. In the state of Texas, there are other requirements that must be met for a stepparent to ask for visitation rights. If you are a stepparent who would like to continue to see your stepchild following your divorce, it is important that you speak to an experienced Galveston, TX family law attorney.

How Likely Is Stepparent Visitation?

It is highly unlikely a court will grant a stepparent custody over the biological parent and almost equally unlikely that a stepparent will be granted visitation if the child’s other biological parent has had regular contact with the child. If a stepparent wants to ask the court for visitation, he or she must have lived with the stepchild for six months or more before filing for visitation – or custody.

While the courts do not deny that a relationship between a stepparent and stepchild can be just as fulfilling as the biological parent-child relationship, the rights of stepparents following a divorce are significantly limited.

Stepparent rights are usually only available under certain circumstances, namely when a biological parent is either declared unfit or loses his or her parental rights. The court will consider the following factors when ruling on stepparent visitation or custody issues:

• The relationship between the stepparent and stepchild
• The length of the relationship between the stepparent and stepchild
• The level of involvement in the stepchild’s life by the stepparent
• The level of financial support provided by the stepparent to the stepchild
• How much the stepchild would suffer if he or she was not permitted to see the stepparent.

What About Stepparent Custody?

Under the Texas Family Code 102.003(11), a stepparent only has custody rights under very limited circumstances – and after living with the stepchild for at least six months. The biological parents of the child must be deceased or unable to provide for and take care of the child in question.

This inability to care for the child could be the result of financial hardship, drug or alcohol addiction, or desertion. The biological parents of the child must be deemed unfit for custody by the court for a stepparent to have custody rights, and even if the biological parent is dead or deemed unfit, the court must find that stepparent custody is in the child’s best interests.

Stepparent Adoption

A person who has acted as a parent for a child for many years should probably consider stepparent adoption. As the legal adoptive parent of a child, in the event of a divorce, the adoptive parent would have custody and visitation rights. To be considered as an adoptive parent, the stepparent must be married to the child’s legal parent and live with the child for at least six months, providing care and support. The stepparent must have permission from both biological parents for the adoption (with certain exceptions). If the child is at least 12 years of age, a stepparent adoption also requires the consent of the stepchild.

Contact a Galveston, TX Custody and Visitation Lawyer

If you are facing a stepparent visitation, custody, or adoption issue, it is important that you speak to a knowledgeable Galveston, TX custody and visitation attorney from Daniel R. Bacalis, P.C.. Attorney Bacalis is a Board-Certified Family Law Specialist who is experienced in all aspects of family law. Call 817-498-4105 to schedule your free consultation.