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Under What Circumstances Can Stepparents Seek Custody or Visitation Rights in Texas?

Stepparents have visitation and custody rights in Texas.

These issues are very common among Texas families. Common sense suggests that the subsequent marriage divorce rate is lower than the initial marriage divorce rate since both spouses are older and wiser, and this is not their first rodeo. But the opposite is true. The second-marriage divorce rate is 67%, significantly higher than the first-time divorce rate. Subsequent divorces usually involve stepparent visitation issues.

Meanwhile, the remarriage rate has declined since 1960, from about 70% to about 55%. Remarriage after divorce frequently, but not always, involves stepparent adoption or a similar custody-related proceeding.

A Fort Worth family law attorney is committed to the well-being of your family from start to finish, whether everyone lives under the same roof or not. Stepparent visitation and custody issues often involve thorny emotional and financial issues. Usually, an attorney resolves these issues out of court, setting the stage for a successful parent-child relationship in the future, no matter what form that relationship takes.

Stepparent Visitation

Stepparents often bond with their stepchildren. However, unless stepparents adopt stepchildren (more on that below), if the couple divorces, former stepparents have no visitation rights. As interested third parties, their technical status, they can partner with a Fort Worth family law attorney and formally request visitation. If either biological parent objects, the courts usually deny visitation.

The court bases its decision on what is in the best interest of the child, and in rare cases, visitation may be granted despite the biological parent’s objections. Factors the court may consider include:

This issue can be a massive factor for stepparents who divorced on poor terms and no longer have a positive relationship with their ex-spouse or for stepparents who never liked or got along with the child’s other biological parent.

Stepparent Adoption

This procedure is a two-in-one procedure. The divorced biological parent must terminate their parental rights, and the stepparent must adopt the stepchild. Usually, a single procedure addresses both areas.

Usually, the state terminates parental rights if a parent is unfit, has had multiple chances to change, and has not done so. Parents can also agree to terminate their parental rights, if another person, who is almost always a stepparent, is ready to step in. Unless a parent agrees to termination, judges hardly ever grant these requests, as they rarely are consistent with the best interests of the child.

Termination is a big step. It permanently severs all ties between parent and child. If a divorced mom or dad is not willing to terminate their parental rights, they often agree to a name change petition. This petition does not change legal rights. But it ensures that everyone in the house has the same last name. The emotional effects of this simple change are often significant.

Stepparent adoption is a streamlined process. Generally, the court waives the home study and most other requirements. If the judge is satisfied that the adopting stepparent fully understands what they are getting into, the judge usually signs off on the adoption petition.

Count on a Dedicated Tarrant County Family Law Attorney

Stepparents have limited legal rights in Texas. For a confidential consultation with an experienced family law attorney in Fort Worth, contact the Law Office of Kyle Whittaker. The sooner you reach out to us, the sooner we start working for you.