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 Tennessee, 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 law does not automatically grant them custody or visitation rights if the marriage to the biological parent ends. However, a stepparent may petition the court for visitation rights. The court will consider several factors, including the length and quality of the relationship between the stepparent and the child, the stepparent's involvement in the child's life, and any financial support provided. The child's best interests are the paramount concern for the court when making a decision on visitation. It is important to note that unless the stepparent has legally adopted the child, they are unlikely to be awarded primary or shared custody. The rights of the biological parents typically take precedence unless there are circumstances that would warrant a different arrangement in the best interests of the child.