What rights does a step-parent have to visit a step-child?

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What rights does a step-parent have to visit a step-child?

My husband is in prison. He has an 8 year old daughter from another woman. His daughter and I are very close. Her mother will not let me see her. I know that KS has step-parent rights but I don’t know exactly what they apply too.

Asked on January 22, 2011 under Family Law, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are correct to some degree. Kansas does have a statute that permits a step-parent to have visitation rights with a step child but that right is granted by a judge in the best interest of the child during the divorce of the step parent and the natural parent.  In other words, if you and your spouse were to get divorced you could petition the court to see her.  But here your rights to vistitation really flow from your husbands and if his are being limited then so are your.  I think that her Mother ha the right to deny her seeing you.  I am so sorry for your situation but at this point your hands are tied.  Good luck.


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