Generally no, because the stepchild is not a child of the relationship. The family court can however, hear matters and make custody and visitation orders in a dissolution of a domestic partnership.
In an action for dissolution of marriage, legal separation or nullity, the family court can grant reasonable visitation to a stepparent if stepparent visitation is determined to be in the child’s best interest depending on the particular facts of your case. A stepparent’s visitation rights are secondary to the birth parent’s rights to custody or visitation. California Family Code states that before custody is given to a third party the court must first make a finding that it would be a detriment to award custody to the parents.
The answer to this question depends on the facts of your particular situation. Is the child bonded to the stepparent and not to a birth parent? Perhaps the birth parent is deployed in active duty to our country and the other parent is absent or has not been a regular part of the minor child’s life. These are facts the court will consider in determining custody or visitation orders.
The court may enter a stepparent custody or visitation order in favor of a stepparent to a dissolution or legal separation proceeding by an agreement of the parties.
These are important questions that impact your life. It is imperative that you obtain knowledgeable legal representation to assist you. This blog provides general information and is not intended as legal advice. To obtain advice pertaining to your particular situation call on an experienced attorney.
For further information about stepparents rights contact the child custody lawyers of Yanez & Associates at 714-971-8000. Call today for a free 60- minute consultation.
