Dallas Stepparent Rights Attorney

Dallas Attorneys Helping Parties Resolve Child Custody Disputes

When a person with a child gets married, the person’s new spouse will often assume a parental role in the child's life, becoming the child's stepparent. For a variety of reasons, however, in many instances, a stepparent never legally adopts a child, and if the marriage falls apart, the parties may disagree as to whether the stepparent has any legal right to custody or visitation of the child. If you are a stepparent seeking parental rights or your soon to be ex-spouse wishes to obtain custody or visitation of your child, it is essential to learn about what your legal options are. The assertive Dallas child custody lawyers of Mathur Law Offices, P.C. will work tirelessly to help you protect your parental rights and to pursue an outcome that is in the best interest of your child.

Texas Law Regarding Stepparent Custody Rights

If it is possible, it is prudent for a stepparent to legally adopt a child prior to seeking a divorce. In many cases, however, the child will have two living biological parents who retain custody, or the sole individual who is legally recognized as the child’s parent will not allow an adoption to proceed. In such cases, the stepparent can take legal action to obtain custody rights. Under Texas law, any non-parent that has cared for and had actual control and possession of a child for at least six months can petition the court for conservatorship and possession. In Texas, conservatorship is the term used for legal custody, or the right to make important decisions regarding a child’s upbringing, and possession is the term used for visitation.

The Texas courts have ruled that a person will be deemed to have possession, control, and care of a child if the person tended to the child's daily needs, and provided direction and guidance to the child, similar to that the would be provided by a parent. In considering whether a stepparent has standing to pursue conservatorship or possession of a child, the court cannot demand that the six-month period be uninterrupted and continuous. 

The court will, however, consider where the child resided prior to when the custody suit was filed to determine if the suit is appropriate. In other words, the court will assess whether the child's principal residence was with the stepparent. In determining whether a residence is principal, the court will look at certain factors, such as whether it was a permanent or temporary residence, whether it was occupied, or intended to be occupied, for a substantial period of time, and whether it was a fixed place. If the court finds that each of these factors is met, the court may deem the stepparent to have standing to pursue conservatorship and possession. A dedicated child custody lawyer can help you determine whether these factors may be met in your case.

Parental Presumption

Even if a stepparent has standing to pursue conservatorship of a child, he or she will likely face significant hurdles. Under Texas law, there is a rebuttable presumption that it is in a child’s best interest for the child’s parent to be appointed the managing conservator. Thus, the court will appoint one parent as the managing conservator or both parents as joint managing conservators for the child unless it would greatly impair the child’s emotional development or physical health. The presumption is governed by a preponderance of the evidence standard. In other words, a party seeking to rebut the presumption must show that it is more likely than not that it would be detrimental for the child for a parent to be the child’s managing conservator.

Confer with a Seasoned Child Custody Lawyer in Dallas

Stepparents’ rights disputes can be complicated and arduous. If you wish to seek custody of your stepchild or believe your estranged spouse intends to file a stepparent custody action, it is prudent to confer with an attorney regarding your case. At Mathur Law Offices, P.C., we have the skills and experience needed to help you fight to protect your rights, and we will advocate tirelessly on your behalf. We frequently assist people in Dallas, Fort Worth, Richardson, Garland, McKinney, Irving, Rockwall, and Frisco. Additionally, we assist parties in family law matters throughout Dallas, Grayson, Collin, Denton, Rockwall, and Tarrant Counties. We can be reached at (888) 867-5191 or through the form online to schedule a consultation.

In Texas, stepparents do not automatically possess legal rights over their stepchildren. The state prioritizes the rights of biological parents, and stepparents are generally considered interested third parties without inherent custody or visitation privileges.

However, under specific circumstances, a stepparent may seek legal rights concerning a stepchild:

1. Actual Care, Control, and Possession: If a stepparent has had actual care, control, and possession of the child for at least six months, ending not more than 90 days before filing a petition, they may have standing to file a suit affecting the parent-child relationship. citeturn0search3
2. Adoption: A stepparent can pursue adoption of their stepchild, which grants full parental rights. This process requires the termination of the other biological parent's rights, either voluntarily or through a court order, and must be deemed in the child's best interest by the court.
3. Guardianship: Obtaining legal guardianship allows a stepparent to make specific decisions on behalf of the child without full parental rights. This arrangement requires court approval and is contingent upon the child's best interests.

It's important to note that even if a stepparent meets the criteria to file for custody or visitation, the court operates under a parental presumption. This means there's a rebuttable presumption that appointing the biological parent as the managing conservator is in the child's best interest. To overcome this presumption, the stepparent must provide evidence that such an appointment would significantly impair the child's physical health or emotional development.

Given the complexities involved, stepparents seeking legal rights over a stepchild should consult with an experienced family law attorney to navigate the process effectively and understand the specific legal standards applicable to their situation.

Call (888) 867-5191 to protect your family's interests. Schedule a case evaluation.