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 Montana, stepparents do not have the same custody rights as biological or adoptive parents. However, under certain circumstances, a stepparent may be granted visitation rights. Montana law recognizes the importance of maintaining a child's established relationship with a stepparent when it is in the best interest of the child. When determining whether to grant visitation rights to a stepparent, Montana courts will consider factors such as the bond between the child and the stepparent, the length of time the stepparent has been involved in the child's life, the degree to which the stepparent has participated in the child's upbringing, and whether the stepparent has provided financial support. It is important to note that these rights are not automatic and the stepparent must petition the court to request visitation. The child's best interests are always the paramount concern in these decisions, and the court will weigh the benefits of maintaining the relationship against any potential disruption to the child's life.