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 New Hampshire, stepparents do not have the same legal standing as biological or adoptive parents when it comes to custody and visitation rights. While a stepparent may develop a close bond with their stepchild, the court typically does not grant primary or shared custody to stepparents unless they have legally adopted the child. However, New Hampshire law does recognize the potential importance of the stepparent-stepchild relationship. As such, courts may consider granting visitation rights to a stepparent after a divorce if it is in the best interest of the child. Factors that the court may evaluate include the length and quality of the relationship between the stepparent and the child, the degree to which the stepparent has been involved in the child's life, and whether the stepparent has provided financial support. The overriding consideration is always the child's welfare and best interests.