{"id":11783,"date":"2024-06-25T11:10:14","date_gmt":"2024-06-25T16:10:14","guid":{"rendered":"https:\/\/gbfamilylaw.com\/?p=11783"},"modified":"2024-06-25T11:10:15","modified_gmt":"2024-06-25T16:10:15","slug":"what-rights-do-stepparents-have-after-a-texas-divorce","status":"publish","type":"post","link":"https:\/\/gbfamilylaw.com\/blogs\/what-rights-do-stepparents-have-after-a-texas-divorce\/","title":{"rendered":"What Rights Do Stepparents Have in Texas After a Divorce?"},"content":{"rendered":"\n

With more blended families than ever before, many wonder what happens to those relationships in the face of divorce. Stepparents can play just as important a role as biological parents, and many stepparents who play an active role in raising their stepchildren consider them as their own children. Unfortunately, Texas law limits a stepparent\u2019s rights after a divorce.<\/p>\n\n\n\n

Stepparent rights in Texas can be a complicated matter, especially if the goal is getting custody of a stepchild. Questions such as “Can I get custody of my stepchild?” or “What rights do stepparents have in Texas?” are common in family law and require a close look at the Texas Family Code to answer.<\/p>\n\n\n\n

Does a Stepparent Have Custody Rights After Divorce?<\/h2>\n\n\n\n

Many stepparents ask, “Can I get custody of my stepchild?” While stepparents’ rights in Texas following a divorce are limited when requesting custody of a stepchild, it is possible under certain circumstances. For a stepparent to be awarded custody<\/a> or visitation<\/a> of a stepchild, they need to meet the basic standing criteria for filing an original suit affecting the parent-child relationship. These criteria must be met before the stepparent can petition the court for custody or visitation rights. Generally, non-parents must have had possession and control of the child and provided actual care for a minimum of six months ending not more than 90 days before the date the stepparent files their child custody request. While there are no specific provisions for stepparent rights in the Texas Family Code, the aforementioned standing provisions for a non-parent in the Texas Family Code can include stepparents.<\/p>\n\n\n\n

Even if a stepparent has the standing to file a lawsuit requesting custody of their stepchild, they must still overcome the presumption that a biological parent should be appointed managing conservator of the child. Unless the court finds that the appointment of a biological parent as managing conservator would significantly impair the child’s physical health or emotional development, it will be difficult for a stepparent to obtain custody. However, there are situations in which the court may consider granting a stepparent conservatorship over a biological parent under the significant impairment standard. How can a stepparent get custody of a stepchild under the significant impairment standard?<\/p>\n\n\n\n