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Child custody

stepparent rights

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 Massachusetts, stepparents do not have the same legal status as biological or adoptive parents when it comes to custody and visitation rights. If a stepparent has not legally adopted the child, they are typically not entitled to primary or shared custody. However, Massachusetts courts may consider granting visitation rights to a stepparent if it is in the best interest of the child. The court will evaluate factors such as the relationship between the stepparent and the child, the duration and quality of their interaction, the stepparent's involvement in the child's life, and any financial support provided. The court's primary consideration is always the best interest of the child, and any decision regarding visitation will reflect that principle.

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Child custody

stepparent rights

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Massachusetts State Code

Massachusetts State Code

Child custody

stepparent rights

Articles