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 Jersey, stepparents do not have the same legal standing as biological or adoptive parents when it comes to custody and visitation rights. However, under certain circumstances, a stepparent may be granted visitation rights if it is determined to be in the best interests of the child. When considering such requests, New Jersey courts will evaluate factors such as 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. It is important to note that the primary consideration for the court is the child's welfare and best interests. Stepparents seeking visitation rights may need to demonstrate a strong, positive bond with the child and that continued contact would benefit the child's emotional and psychological well-being. The process typically involves filing a petition with the court, and an attorney can provide guidance on the likelihood of success and the necessary legal steps.