Divorce and step child

UPDATED: Sep 30, 2022

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Divorce and step child

My wife wants a divorce, we have no kids together but she has one from a previous marriage. I still want to see my step daughter. What can be done?

Asked on March 12, 2016 under Family Law, New York


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

Answered 6 years ago | Contributor

If you and your wife are divorcing, then you technically have no post-divorce legal rights to your stepdaughter.  Only her biological parents have those rights right now.  Parenthood has been held to be a constitutional right which is not easily usurped.  In limited cases, it is possible, however.... but it usually involves showing that one parent is unfit to perform their parental duties.  You need to visit with a family law attorney and provide them a few more details of your situation.  They can then guide you through any other potential factors that could assist in your argument for access to your stepdaughter.

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