What are a stepfather’s rights to visitation with their stepchild?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

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 10 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.    


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption