Aerial drone shot of a residential neighborhood and community pond in Texas.

Pearland Legal Blog

Family Law & Estate Planning Attorney

When facing a family law, estate law or other legal matter, it is important to work with an experienced attorney who can help you understand your options and protect your interests. At The Powell Law Firm, we have more than 20 years of experience protecting people in Pearland, Houston and the surrounding area in Texas.

Get In Touch With Us Today

August 06, 2018

|

On behalf of The Powell Law Firm

| Divorce

Do Stepparents Have Rights in a Divorce?

Under Texas Law, Stepparents Have Limited Child Custody and Visitation Rights

Stepparents can become an important part of a child’s life. As a stepparent, going through a divorce can be especially challenging. While stepparents certainly have the exact same rights as everyone else regarding financial issues like property division and spousal support obligations, stepparents have limited child custody and child visitation rights. In this article, our top-rated Pearland, TX divorce attorney explains what stepparents need to know about their rights under Texas law.

Texas Views Stepparents as ‘Interested Third Parties’

In the state of Texas, stepparents have no direct child custody or child visitation rights in the event of divorce. This is in direct contrast to a child’s parents, who are assumed to have general custody and visitation rights. For a Texas court to decide not to grant visitation rights to a biological parent, there must be truly extraordinary circumstances.

However, Texas law views a stepparents as an ‘interested third party.’ What does that mean in practical terms? A stepparent’s rights are more akin to the rights of the child’s uncle or aunt. For a court to grant a stepparent visitation rights, he or she will be required to file an active petition to the court. If either of the child’s parents strenuously objects to a stepparent’s request for visitation, that obstacle will be difficult to overcome.

The Best Interests of the Child Standard Controls Any Dispute

It should be made clear that it is not impossible for a stepparent to get child custody or child visitation rights. Ultimately, these cases are decided under Texas Family Code (FAM § 263.307) . This is the state’s best interests of the child legal standard. In a small number of cases, it might be in the best interests of the child to live with the stepparent after a divorce. This would generally only occur if the child’s parent(s) are unable or unwilling to provide the child with a healthy and safe environment. If you are a stepparent involved in this type of case, it is imperative that you speak to a Texas child custody attorney immediately. You need to take quick action to protect your rights and your child’s well-being.

The Best Option for Stepparents: Mutual Settlement

A stepparent who wants to be involved in a stepchild’s life after a divorce may want to try to reach a mutual agreement with the former spouse. In this circumstance, you should consider consulting with a lawyer to determine how this type of agreement could be part of your broader divorce settlement.

Get Help From Our Pearland, TX Divorce Attorney

At The Powell Law Firm, our top-rated divorce lawyer has the skills and experience needed to protect the interests of stepparents going through a marital separation. If you are a stepparent getting divorced in Texas, please do not hesitate to contact our law firm for a private consultation. With an office in Pearland, we represent clients throughout the region, including in Harris County, Brazoria County, Fort Bend County, and Galveston County.

Get In Touch With Us Today
Request a Consultation

To schedule a meeting with an attorney, please call 832-850-6095 or complete this contact form. We’ll be in touch with you as soon as possible.

Fields marked with an asterisk (*) are required.

Disclaimer

What Our Clients
Have To Say

  • “I wanted to take the time to thank you [John Powell III] for helping me through a tough time in my life. Your guidance and voice of reason really helped me more than you will ever know. I had a previous attorney that I felt could have really cared less about me or the situation. Once on board with you, I felt an immediate difference and I was thankful for your quick response. I could not have finished this process without you and I am glad you were able to have so much hands on time with me. Again, thank you for everything you did for me and my son!”

    (S.R.)

  • “John Powell III was very helpful through the entire process of my divorce which involved a custody fight over my 3-year-old daughter. Mr. Powell has a strong working rapport with the Brazoria County family court. He was very patient, walking me through every step, knowing what to expect from my wife's attorney. We were ultimately successful and I would highly recommend him. As for my daughter, she is doing great. She has advanced to the preschool 2 class early, she is now 3.5 and now goes to school with the 4-5 year old's. Her emotional and behavioral issues have disappeared. Thanks to Mr. Powell's hard work my daughter will have a great chance at life.”

    (K.K.)

  • “Just wanted to say thanks for handling my post-divorce property division issue in a timely and professional manner. Especially your attention to detail and some quick-witted humor as well. Your firm was referred to us by a friend which can always be somewhat awkward but you made us feel at ease through the entire process. I would not hesitate to recommend your firm to anyone if the need arises.”

    (J.B.)

  • “Dear Mr. Powell: I want to thank you for your great service and express my gratitude. I am extremely pleased how everything was handled and I have the highest possible opinion about your professionalism, the quality of your service and your attitude toward me as a client. Thank you again, best regards.”

    (M.K.S.)

  • “I had what I learned was not your stereotypical divorce case. John Powell III was extremely understanding of the situation and worked with myself and my former spouse to navigate the legal pitfalls in our, and our children's case. Everything was resolved amicably and with minimal impact to our family. Without Mr. Powell's assistance I do not know that we would have gotten to such a positive place.”

    (A.W.)

  • “John Powell III is a compassionate and thorough attorney. My case was a complex custody issue that required work in two wide-spread counties. Mr. Powell was able to efficiently overcome this added challenge. He is patient and clear in explaining concepts of the law. Even after the case was closed, Mr. Powell was available to explain the final judgment and to help ensure we were following the Judge's intent. It is very comforting to know that if additional issues arise he is there to act as my advocate.”

    (R.T.)

READ MORE TESTIMONIALS