Texas Non-Parent Visitation

Step-parents often play a vital role in a child’s upbringing, providing love, guidance, and stability as they grow. Even though they are not the child’s biological parent, they still play a big part in the development of a child. In many cases, step-parents form deep, nurturing relationships with their step-children, becoming a “third parent” and offering the support a child needs. This is particularly true when a biological parent is absent or disengaged. Despite this important role, a common misconception is that step-parents have no legal rights concerning their step-children in cases where they divorce the child’s biological parent, which can lead to challenges when making decisions about the child’s welfare. While laws in Texas may not favor the step-parent, some step-parents may pursue legal avenues, like adoption or guardianship, to solidify their bond and rights with the child.

While there are step-parent rights in Texas, the process can be challenging and complex. In the unfortunate event of a divorce, separating a step-parent from a child with whom they’ve formed a close bond can be stressful and cause the child to feel abandoned. No matter how deeply the step-parent loves the child or how good their intentions are, asserting visitation rights can be extraordinarily difficult in Texas. However, Eric M. Willie, a seasoned family law attorney in Austin, has years of experience advocating for step-parents’ rights as they most often coincide with the best interests of the child. With the right legal guidance, step-parents can navigate the complexities of family law to pursue visitation and rights over the child, making a painful process more manageable.

If you are searching for an experienced Austin Step-Parents rights attorney near you, contact Eric M. Willie at (737)260-5159 for a consultation.

Step parent rights in Texas, how can a step parent become a legal guardian

What Rights Do Step-Parents Have In Texas?

While step-parents in Texas face limitations when seeking child custody or visitation rights of a stepchild after divorcing the child’s biological parent, it is possible under certain circumstances. Step-parents must first meet the basic standing criteria for filing an original suit that states the separation is affecting the parent-child relationship. To do so, they must prove the following:

  • They have had possession and control of the child and provided actual care for at least six months
  • This period ends no more than 90 days before filing the custody request

Although the Texas Family Code does not specifically address stepparents’ rights, these standing provisions for non-parents, such as grandparents rights, aunts, and uncles, can extend to step-parents. With the right legal support, step-parents may petition the court for custody or visitation rights, despite the challenges.

Complications With Visitation Rights For Step-Parents

Step-parents do not have automatic visitation rights after a divorce, according to Texas law. Once the marriage ends, former step-parents are considered “interested third parties” and must file a petition with the family law court in their jurisdiction to formally request visitation. However, this process is not straightforward and may have roadblocks.

If either biological parent objects to the visitation or custody petition, the court is often inclined to deny the request. This presents a significant challenge for step-parents who may have divorced on poor terms with their ex-spouse, or who never had an amicable or positive relationship with the child’s other biological parent. Despite these obstacles, step-parents can still pursue visitation or custody rights, but success often depends on the specific circumstances of the case and having a dedicated family law attorney on their side, such as Eric M. Willie.

Factors The Court Considers When Deciding To Grant Step-Parent Visitation

Step parent rights in Texas, how can a step parent become a legal guardian

When determining whether to grant a step-parent visitation or custody rights in Texas, the family court will focus on what is in the best interest of the child. Although biological parents’ objections carry significant weight in these types of decisions, visitation or custody may still be granted in rare cases. Factors the court may consider include:

  • Emotional Bond Between Child & Step-Parent – The court may assess how emotionally close the stepparent and child are. In some cases, the child may be interviewed privately to express their preferences without the fear of angering their biological parents or step-parents.
  • Potential Harm To Child From Denying Visitation – The court will evaluate whether denying visitation or custody would negatively impact the child’s overall well-being.
  • Step-parent’s Involvement In The Child’s Life – Active participation in the child’s life, such as attending school events or extracurricular activities, can positively influence the court’s decision to grant the step-parent visitation.
  • Duration Of The Step-Parent & Child’s Relationship – The longer the relationship is between the child and their step-parent, the more likely the court will give the request serious consideration.
  • Financial Contributions To Child’s Upbringing – If the stepparent has contributed to the child’s financial support, it may be considered when determining if visitation should be granted.

If the court determines that granting the step-parent visitation is in the child’s best interest, it will be allowed. Whether you are a step-parent seeking visitation or a biological parent opposing it, consulting an experienced Austin divorce attorney, Eric M. Willie, is crucial to building a strong case.

How Can A Step-Parent Become A Legal Guardian

There are certain circumstances in which a step-parent can become a legal guardian of a child in Texas, though this process can be complex and requires meeting specific legal requirements. While not always straightforward, becoming a legal guardian over a step-child allows the step-parent to take on full parental responsibilities and decision-making authority. In such cases, having the guidance of Eric M. Willie, an experienced family law attorney, can help get through the legal process effectively.

Legal guardianship for stepparents is typically considered in the following circumstances:

  • The biological parent(s) are absent or deemed unfit to care for the child.
  • The biological parent(s) are imprisoned and unable to provide care.
  • The biological parent(s) lose or voluntarily terminate their parental rights.
  • The biological parent(s) consent to the guardianship.

It’s important to note that guardianship can be temporary, lasting a few weeks or months, or it can be permanent until the child turns 18. Guardianship is granted to a step-parent either by a court or through the consent of the biological parents, however, it does not terminate the legal rights of the child’s birth parents.

Process For Obtaining Guardianship As A Step-Parent

Step parent rights in Texas, how can a step parent become a legal guardian

To become a legal guardian of a step-child, the process typically begins when you file a petition for guardianship in your local Texas family court. Once the petition is filed, the court will review it and may proceed with additional steps, including:

  • Appointing a guardian ad litem to investigate the situation
  • Conducting a background check on the step-parent
  • Holding hearings to gather further information

Once the court completes its evaluation and approves the petition for guardianship of the step-parent, it will issue an order granting legal guardianship of the step-child. Since guardianship laws slightly differ from parental ones, it’s important to consult an Austin family law attorney, like Eric M. Willie, or contact your local court to understand the specific requirements in your area.

Parents may also be able to delegate parental powers to a step-parent through a power of attorney. This allows the step-parent to make decisions for the child within a specified timeframe or for certain activities, such as medical appointments or travel. This delegation through a power of attorney offers flexibility, though it does not provide the full legal authority of guardianship.

When Can A Step-Parent Have Custody Over Their Step-Child In Texas?

Step-parents can be awarded legal custody of their step-children under certain circumstances through a court order. However, it’s important to note that Texas child custody laws prohibit a child from having more than two legal parents, meaning one biological parent must terminate their parental rights before custody can be granted to a step-parent.

Courts may grant custody to a step-parent in situations where one or both of the child’s biological parents are unable to care for the child, whether due to financial hardship, desertion, or death. They may also be granted custody if:

  • The court deems one or both biological parents unfit for custody
  • If the court determines that placing the child with the step-parent is in the child’s best interest

Each case is evaluated based on the specific needs of the child, including what is in their best interests, and the capability of the step-parent to provide a stable and nurturing environment.

Contact an Experienced Texas Step-Parent Rights Lawyer In Texas

If you are searching for an experienced Austin Step-Parents rights attorney near you, contact Eric M. Willie at (737)260-5159 for a consultation.

If you are a step-parent seeking custody or visitation rights or need more information about your legal options in Texas, don’t hesitate to reach out to Eric M. Willie, a dedicated family law attorney in Austin. With a deep understanding of the complexities surrounding step-parent rights in Texas, Eric can provide you with the guidance and support necessary to navigate the legal process. Whether you have questions about your specific situation or need assistance with filing a petition for custody or visitation, Eric M. Willie is dedicated to helping you advocate for your relationship with your stepchild.

Step parent rights in Texas, how can a step parent become a legal guardian

 

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