What are a stepfather’s rights to visitation with their stepchild?
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What are a stepfather’s rights to visitation with their stepchild?
My brother-in-law has been married for over 1 year and has a 3 year-old daughter and 5 year-old stepson. He is likely getting divorced. He is wondering if he has any rights to visitation with his stepson, whom he has raised since 4 months old. The boy’s father was incarcerated the first 3.5 years of his life and is now out and a part of his son’s life.
Asked on August 8, 2011 New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your brother in law. He sounds as if he is a wonderful guy and has done the right thing by his step son. But unfortunately he has no legal right to visitation with his step son once he and his wife get divorced. If he had adopted the boy at some point in these 5 years then he would have the same rights as a natural parent. But it appears that the natural father has now taken an active part in his son's life and the coruts will encourage that as long as there is no harm to the child. Good luck to all of them in all of this.
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