When a parent remarries and the parent’s minor child from the prior marriage forms a significant bond with their new stepparent, the issue of stepparent custody and visitation rights may arise if the marriage with the stepparent also dissolves. Unless the stepparent has legally adopted the child (and is thus no longer a stepparent), courts don’t usually grant a stepparent primary or shared custody of a minor child. But the court may award a stepparent limited visitation rights, depending on the amount of time the stepparent spent with the child, the extent of the stepparent’s participation in the child’s upbringing, and whether the stepparent provided financial support for the child.
In Texas, stepparents do not have the same rights as biological or adoptive parents when it comes to custody and visitation of a minor child. If a stepparent has not legally adopted the child, they are typically not entitled to primary or shared custody. However, Texas law does recognize the importance of maintaining continuity and stability in a child's life. Therefore, a court may grant a stepparent visitation rights under certain circumstances. These circumstances may include the length of time the stepparent lived with the child, the nature of the relationship between the stepparent and the child, and the degree to which the stepparent was involved in the child's care and upbringing, including financial support. The best interest of the child is always the primary consideration in these cases, and the court will weigh the potential benefits and detriments to the child's welfare when deciding on visitation rights for a stepparent.
