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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.