Marriage and divorce are complex subjects, and when children are involved they become even more difficult. Blended families (made up of children belonging to one parent or the other and often also involving children born of both parents) are among the most complex arrangements of all - especially when parents of blended families get divorced.
Divorced parents of stepchildren have often spent many years integrating these children into their lives without formally adopting them. Yet while the lack of a formal legal relationship with the child does not minimize the history of care, love, and respect between a stepparent and stepchild, it can make it very difficult to seek visitation with the stepchild after a divorce, especially if the relationship between the stepparent and the stepchild’s biological parent is now hostile. If this situation sounds familiar and you are a Texas stepparent seeking visitation rights, read on and then contact a family lawyer for help.
Seeking Visitation as a Stepparent in Texas
Once a stepparent has gotten divorced from a child’s biological parent, Texas law views the stepparent as an interested third party - that is, someone who has no automatic visitation rights but who may petition a family court to request visitation. Because these petitions often involve hostile relationships between former spouses, judges are usually left to make the decision after looking at the evidence in a particular case. The factors the judge will consider include, but are not limited to:
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