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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 New Mexico, stepparents do not have the same custody rights as biological or adoptive parents. However, under certain circumstances, a stepparent may be granted visitation rights. The court will consider factors such as the length and quality of the relationship between the stepparent and the child, the stepparent's involvement in the child's life, and whether the stepparent has provided financial support. The child's best interests are always the primary concern in these decisions. If the stepparent has legally adopted the child, they are no longer considered a stepparent and would then have the same rights as a biological parent. It's important to note that these matters are complex and outcomes can vary, so consulting with an attorney for specific cases is advisable.

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Child custody

stepparent rights

Individual & Family Legal Plan

Articles

New-Mexico State Code

Child custody

stepparent rights

New-Mexico State Code

Articles