If my husband and I have been married for 3 years together for 6 years0 and he has been around my daughter since she was 6 months old, does he have any legal right to visitations from our divorce?

What if he lives out of state for medical reasons?

Asked on September 14, 2015 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The only two people that have a legal right to your daughter are you and the biological father of the child.  However, there are times when a new spouse can get visitation-- but they have to show that you have voluntarily relinquished control to the non-parent.  (Co-habitation with her is not enough for him to get standing).  So... if you don't want him to obtain a legal status to fight for some type of shared custody, then don't let him "step into the shoes" of a parent.  If he wants to come to your state and say "hello", that's fine.  But if your daughter travels to the other state and states there for extended periods of time, then you run the risk of getting into an ugly custody battle.


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