Specialty tag(s): Visitation Rights
Chandler Rice Winslow | June 25, 2024
With more blended families than ever before, many wonder what happens to those relationships in the face of divorce. Stepparents can play just as important a role as biological parents, and many stepparents who play an active role in raising their stepchildren consider them as their own children. Unfortunately, Texas law limits a stepparent’s rights after a divorce.
Stepparent rights in Texas can be a complicated matter, especially if the goal is getting custody of a stepchild. Questions such as “Can I get custody of my stepchild?” or “What rights do stepparents have in Texas?” are common in family law and require a close look at the Texas Family Code to answer.
Many stepparents ask, “Can I get custody of my stepchild?” While stepparents’ rights in Texas following a divorce are limited when requesting custody of a stepchild, it is possible under certain circumstances. For a stepparent to be awarded custody or visitation of a stepchild, they need to meet the basic standing criteria for filing an original suit affecting the parent-child relationship. These criteria must be met before the stepparent can petition the court for custody or visitation rights. Generally, non-parents must have had possession and control of the child and provided actual care for a minimum of six months ending not more than 90 days before the date the stepparent files their child custody request. While there are no specific provisions for stepparent rights in the Texas Family Code, the aforementioned standing provisions for a non-parent in the Texas Family Code can include stepparents.
Even if a stepparent has the standing to file a lawsuit requesting custody of their stepchild, they must still overcome the presumption that a biological parent should be appointed managing conservator of the child. Unless the court finds that the appointment of a biological parent as managing conservator would significantly impair the child’s physical health or emotional development, it will be difficult for a stepparent to obtain custody. However, there are situations in which the court may consider granting a stepparent conservatorship over a biological parent under the significant impairment standard. How can a stepparent get custody of a stepchild under the significant impairment standard?
While a stepparent getting custody is not unheard of, it’s important to talk to a family law attorney about your options and the likelihood of you achieving your desired outcome. They can give you the best advice based on your individual situation and help manage expectations.
In Texas, stepparents are not automatically entitled to child custody or visitation rights with their stepchildren after divorce. Texas law views stepparents as interested third parties, who must meet the standing requirements discussed above for non-parents in order to file a lawsuit seeking visitation with their former stepchildren. They can petition for stepparent visitation rights, but there is no guarantee that the court will award them visitation with their stepchildren.
The court may consider many factors when awarding a stepparent visitation rights, including the financial support provided for the stepchild, the stepparent’s involvement in their stepchild’s life, the duration of the relationship between the stepparent and stepchild, and the bond between the stepparent and stepchild. All of these factors relate to the court’s determination of what is going to be in the child’s best interest, which is the court’s primary concern in these types of cases.
It’s important to remember that the biological parents can contest a stepparent’s request for visitation with their children. It is not impossible to get court-ordered visitation rights over the objections of the child’s parents, but it is often due to unique circumstances. And even if an ex-spouse is accepting of a stepparent’s request for continued visits, their co-parent has just as much say in whether such visitation should occur or not.
However, if the biological parents are happy to grant stepparent visitation, the court will likely grant your petition and create a visitation schedule that works in the child’s best interests.
Requesting visitation rights is a straightforward process, which generally includes the following:
Before you attempt to file a petition, we always recommend speaking to an experienced family law attorney about your situation. Not only can they advise you on which steps to take next, but they can help you along the way to improve your chances of achieving your desired outcome. Contact a Goranson Bain Ausley attorney today to discuss your options as a stepparent looking to maintain a relationship with your stepchildren in Texas.
Chandler Rice Winslow, a partner at Goranson Bain Ausley, has been recognized by D Magazine as one of the Best Lawyers Under 40 for 2022. She was also included in the 2023 edition of Best Lawyers in America: Ones to Watch and selected for the Texas Rising Star list in 2023. With a robust background in business and real estate law, Chandler also excels in family law, representing a diverse clientele including both working and non-working mothers. Her deep understanding of business operations allows her to effectively assist business owners in distinguishing between separate and community property. Chandler is highly sought after for her experience in drafting pre-nuptial and post-nuptial agreements and navigating complex custody disputes.
For more information about stepparent rights in Texas, please reach out to Chandler Winslow at 214-373-7676.
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