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 York, 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 cases, New York courts will evaluate factors such as the relationship between the stepparent and the child, the length of time the stepparent has been involved in the child's life, the degree of emotional bond that has been formed, and the extent to which the stepparent has participated in the child's upbringing, including providing financial support. It is important to note that these rights are not automatic and must be pursued through legal action, where the court will prioritize the child's welfare above all else. If a stepparent wishes to secure custody or visitation rights, they should consult with an attorney to understand the complexities of family law in New York and to present a compelling case to the court.