Do Texas Stepparents Still Have Custodial Rights After a Divorce?

by | Feb 22, 2023 | Lawyers & Law Firms

No matter what grand intentions you have going into a marriage, divorces do occur, and they come with some potentially unwanted consequences. For instance, you might be wondering do stepparents have child custody rights or child visitation rights after a texas divorce. Unfortunately, the answer is generally “no.”

Loss Of Rights

Under divorce laws in Texas, stepparents retain zero rights to see their stepchildren after the marriage has dissolved. However, they are able to petition the court for visitation rights or even custodial rights, but this is not an automatic decision and is actually rare to see happen. If you are going to attempt this, you will definitely want to hire a child custody attorney in McKinney.

Needs Approval From Both Parents

The real problem for stepparents who are wondering do stepparents have child custody rights or child visitation rights after a texas divorce is that visitation is generally only granted if both biological parents do not object. Since this is exceedingly rare to have to happen in real life, so too is the granting of these rights.

Still A Chance

Even those these rights are rarely granted, it does not mean that all hope is lost. The court will rule in the favor of allowing the stepparent a modicum of rights if it believes that the child will be harmed by the absence of the stepparent in their lives. This is why it is always recommended to go into court with a child custody attorney McKinney at your side.

Please contact Orsinger, Nelson, Downing and Anderson, LLP for a free consultation.

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