When a parent remarries and the parent’s minor child from the prior marriage forms a significant bond with their new stepparent, the issue of stepparent custody and visitation rights may arise if the marriage with the stepparent also dissolves. Unless the stepparent has legally adopted the child (and is thus no longer a stepparent), courts don’t usually grant a stepparent primary or shared custody of a minor child. But the court may award a stepparent limited visitation rights, depending on the amount of time the stepparent spent with the child, the extent of the stepparent’s participation in the child’s upbringing, and whether the stepparent provided financial support for the child.
In California, stepparents do not have the same custody rights as biological or adoptive parents. However, under certain circumstances, a stepparent may be granted visitation rights. California Family Code Section 3100-3105 allows the court to grant reasonable visitation to a stepparent if it is determined to be in the best interest of the child. Factors the court may consider include the bond between the child and the stepparent, the length of the relationship, the stepparent's role in the child's life, and whether the stepparent has provided financial support. It is important to note that the court prioritizes the child's health, safety, and welfare when making such decisions. Stepparent visitation rights are not guaranteed and are typically more limited than those of a biological or adoptive parent. The court will balance the child's best interests with the rights of the legal parents.