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Stepparent Custody

Stepparents have few legal rights when it comes to custody of their non-biological children after a divorce, as courts prefer to keep a child with his or her biological parent. Even if the stepparent is responsible for years of a child's upbringing, they still have very limited rights when it comes to seeing the child. Many times, parents will agree on visitation rights for a stepparent. However, if the biological parent does not wish to do so, it can be very difficult to the obtain visitation or custody rights.

If you are a stepparent seeking legal custody, legal adoption will be necessary. This form of adoption by a stepparent will be granted under two circumstances. The first is in the event of the death of both of a child's biological parents. If the stepparent has the closet relationship with the child and is able to provide them with a safe environment, they may be granted custody. They may also be able to legally adopt if they can show that the child's biological parents are not able to provide the care and attention needed to raise the child.

If you would like to legally adopt your former stepchild, it is important to adhere to these tips:

  • Speak to your stepchild's parents to see if they would voluntarily grant you legal custody
  • Speak to an adoption agent or attorney
  • Assess requisite legal fees
  • File a petition

Even though it can be difficult to gain custody of or visitation rights for a stepchild, it is not impossible to do so. A stepparent who is awarded legal custody of a child can make decisions that affect that stepchild's upbringing. Many stepparents find relief in the ability to make decisions about the medical needs, education, and religious upbringing of a child.

If you are looking for more information about stepparent custody, visit the website of the Houston child custody attorneys of Garg & Associates, P.C., today.


Author SIG

James Witherspoon

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