For many children, stepparents are loved as much as biological ones. In cases where a couple has gotten divorced, former stepparents do not immediately have visitation rights under Texas law. The state views them as “interested third parties, ” allowing them to petition for visitation rights. However, access is not guaranteed.
If you want to acquire visitation rights for a former stepchild, an experienced family law attorney can help. With over 30 years of combined experience, Moffett Law Firm is here to protect your and your stepchildren’s rights and well-being.
How Can Stepparents Acquire Visitation Rights in Texas?
Stepparents can play a large part in a child’s life, often overstepping the role and taking on the responsibilities of a regular parental guardian. If you have been around the child since they were young and helped take on a significant role in the parenting process, it may feel like you are owed visitation rights once after the divorce. Though Texas law does not immediately qualify stepparents for visitation, with an attorney’s help, it’s possible.
Your experienced family law attorney will help you petition the court for visitation rights. They will argue the significance of the relationship between the stepparent and stepchild. The judge will decide based on the child’s future emotional and financial well-being. The longer the relationship, the more likely you are to garner visitation rights. If maintaining a relationship is in the child’s best interest and their biological parent does not object, rights will likely be established.
What to Do if Visitation Rights Are Denied
If the divorce was messy, it might be challenging to secure visitation rights. It’s not uncommon for the biological parent to deny the former spouse and stepparent visitation rights, especially if the marriage ended on bad terms. If you have been denied access to a former stepchild that played an important part in your life, your attorney can help fight the denial. Factors your attorney will argue can include:
- The length of the relationship between you and the child
- The emotional connection between you and the child
- How active you are in the child’s life, including extracurricular activities and school involvement
- Financial dependency, if any
- How lack of visitation has affected the child
The judge may speak with the child alone to properly gauge their thoughts and feelings on the matter. The parents will not be allowed to oversee or overhear the consultation. The judge has the legal duty to adhere to the Texas Family Code 153.002 statute, which outlines the standards for the child’s best interests. Factors include physical and emotional safety, general happiness and well-being, and financial security.
Consult With a Knowledgeable Texas Visitation Rights Attorney Today
Although Texas legally categorizes stepparents in the same group as grandparents or uncles and aunts, the relationship with the children often goes much deeper. If you are experiencing concerns about visitation rights, Moffett Law Firm is here to help. We work tirelessly to put the best interests of our clients first, meaning we will work around the clock to build a case and restore your relationship with your former stepchildren. Our people-first approach provides a compassionate and personalized experience.
Trust you are in good hands with our reputable and experienced family law firm. To see how we can best help, call our office at (713) 333-5800 or fill out our contact form.