Biological and adoptive parents generally expect to share custody when they divorce. However, some families have unusual circumstances that can alter the outcome of family court proceedings. Sometimes, people who have spent years loving and supporting young children may feel uncertain about whether they have the right to request shared custody or even visitation access.
Stepparents are often in a difficult position. They don’t legally have a parental connection with their stepchildren. However, they may have developed a close bond with the children over many years. They may have also acted as a parent by providing them with guidance and financial support.
Is it possible for stepparents to request visitation or shared custody when they divorce their spouses?
The child’s needs are the main consideration
Stepparents sometimes assume that they have no right to request visitation or custody. They may believe that they are completely at the mercy of their spouse if they hope to maintain a relationship with their stepchildren after the divorce.
Contrary to what people frequently assume, it is possible for stepparents to obtain visitation or even shared custody. While the courts usually cannot order stepparents to pay child support, they can take steps to protect the bond between the child and the stepparent.
Divorcing couples can reach an agreement on their own extending visitation or shared custody rights to a stepparent. If they do not agree, then the matter has to go in front of the judge. Family law judges in Pennsylvania allocate parental rights and responsibilities based on what they think is best for the children.
They look at the ability of each parent to provide for the children and the connection that they have with them. When a stepparent has been a consistent source of support for years, children may have a strong attachment to their stepparents. In those scenarios, family law judges may agree that maintaining that relationship is likely in a child’s best interests.
Stepparents can secure court-ordered visitation and shared custody if the situation meets the necessary standard. Proving the connection between the stepparent and the stepchild can help validate claims that a shared custody arrangement is in the best interest of the child.
Those anticipating complicated child custody disputes often need help making sense of the law and preparing a case for family court. With the right support, stepparents can work to continue to play a positive role in the lives of their stepchildren even after divorce.