Table of contents:
- Does a step-parent have parental rights in Texas?
- Can step-parents get visitation rights in Texas?
- What is Texas Family Code 102.003 (11) for step-parents?
- When can a step-parent gain custody rights in Texas?
- Step-parents’ rights in Texas are limited—don’t overstep
- Even without step-parent rights in Texas, you have an important role to play
- Take the high road and keep things simple
- How recent Texas case law could impact Texas step-parent rights
According to the U.S. Census Bureau, over 2.4 million stepchildren under the age of 18 lived in the more than 73 million U.S. households with children in 2021. Those millions of stepchildren live with millions of stepparents and step-siblings, and those step-relationships can be challenging. Everyone—biological and stepparents—has an opinion about family dynamics and discipline in blended families. The big question is: What legal rights does a step-parent have in Texas?
Our family law lawyers in Fort Worth TX frequently get questions about step-parent rights in joint custody cases. Many parents come to our office with their new spouse—the step-parent—who strongly voices their concerns and wants to discuss their expectations for the step-parent’s role in custody battle negotiations. They believe they have rights as a stepparent and should be heard—but what stepparent rights do they actually have?
Does a step-parent have parental rights in Texas?
The answer here in the Lone Star State is generally, NO. This is especially true if both biological parents are playing a role in the upbringing of the stepchild. When it comes to the rights of a step-parent vs biological parent, it is the biological parent whose wishes matter and would actually be enforceable in family court, as long as those wishes coincide with the child custody arrangements and parental rights and duties dictated in the child custody orders.
Can step-parents get visitation rights in Texas?
If both of the child’s biological parents are still alive and playing an active role in the child’s life, it’s very unlikely that a statutory county court in Texas would grant step-parent visitation rights. That being said, Texas courts have granted visitation to interested third parties like step-parents in the past.
The court may consider awarding visitation to a step-parent if it finds doing so would be in the best interest of the child. For family law cases involving stepparent visitation, some of the factors the court will consider include:
- Whether the step-parent has standing to file a suit affecting the parent-child relationship (SAPCR) (see next section).
- What the step-parent’s relationship with the child has looked like historically, how involved they have been in the child’s upbringing and for how long.
- What day-to-day, emotional and financial support the step-parent has provided the child.
- Whether losing contact with the step-parent could be emotionally damaging or cause financial hardship for the child.
What is Texas Family Code 102.003 (11) for step-parents?
Texas Family Code § 102.003(11) is the statute that explains who may have legal standing to file a SAPCR and make a child custody request or request for visitation in the event of a child’s biological parent, managing conservator or legal guardian’s death. It requires that parties must have resided with the child and the child’s legal parent or guardian within the past six months, ending no more than 90 days of filing suit.
For step-parents who have assumed a primary care-taking role and are concerned about their step-child’s welfare due to the actions (negligence, substance abuse, child abuse, etc.) of one biological parent (or both), this statute at least opens the door to filing a lawsuit to protect the child and gain custody, visitation or access to the child.
When can a step-parent gain custody rights in Texas?
As noted above, a step-parent must first show they have standing to file a lawsuit for step-parent custody or visitation. The burden is then on that party to prove the child’s biological parent or parents are either deceased, imprisoned or otherwise unfit to care for the child.
What the court considers during step-parent custody cases
The step-parent must prove they have been handling day-to-day care of the child for at least six months, ending not more than 90 days preceding the date of filing suit. The court will also want to ensure the step-parent has the time and resources available to care for the child in a safe, nurturing and loving home. Above all, the court will need to decide whether awarding the stepparent custody would be in the best interest of the child.
How the courts view blood relatives in step-parent custody cases
If both of the child’s legal parents have died (or have been otherwise deemed unfit), the court will take into account the interest of other family members related to the child. Blood relatives like grandparents who have been actively involved in the child’s life may be given preference over a step-parent but the court will base its decision on the best interest of the child.
Step-parents’ rights in Texas are limited—don’t overstep
While I applaud the love, nurturing and day-to-day care genuinely concerned stepparents provide stepchildren in this country, sometimes they go too far. As a family law attorney, I’ve seen many stepparents overstep the boundaries when it comes to weighing in on how co-parenting should be handled when they should keep quiet and let the biological parent take the lead.
In most cases, the family courts don’t really care what stepparents have to say because step-parent rights in joint custody generally don’t exist. Even worse, overly pushy stepparents can even undermine the co-parenting of the biological parents and create a situation that is not in the best interest of the child.
Some pushy stepparents also overstep by insisting their stepchild refer to them as mom or dad. If the biological mom or dad is still living, and this is a bone of contention for them (which is often the case), that parent could ask the court to intervene. In these situations, the courts may order the parents to direct their child not to call anyone mom or dad other than their biological parents.
To be completely honest, I don’t like representing clients with overbearing stepparent spouses and will decline the opportunity to represent a client based on that fact alone. If you’re a stepparent who has an opinion about your stepchild, that opinion should generally be voiced during conversations between you and your spouse.
Even without step-parent rights in Texas, you have an important role to play
Now that you know the answer to the question do step-parents have rights in Texas is generally NO, what role can you play in your stepchild’s life? As someone who grew up with divorced parents and has lived the life of a stepchild myself, I can say from experience that having more than two parents isn’t necessarily a bad thing, especially if all parents—biological and step—are focused on loving and doing what is in the best interest of the child.
That being said, I can also tell you from my experience as a divorce attorney that being a stepparent can be very challenging, especially if you and your spouse don’t get along well with the other biological parent. While stepparent rights in joint custody situations are generally nil in Texas, doing your best to be amicable and respectful to your stepchild’s biological parent is one of the best things you can do for your stepchild.
Take the high road and keep things simple
Being nice to someone who treats you and your spouse horribly isn’t easy but extending an olive branch can help ease the tension in co-parenting situations involving stepchildren. Keep things simple. Simply, say to the biological parent, “If there’s anything I can ever do to help, please let me know.” Unless they ask for your opinion, don’t offer it (and even then, be careful).
It’s also important to be respectful of your spouse’s ex and their role as one of your child’s parents. For example, if you’re all attending your stepchild’s piano recital, step aside and let the other parent shine. Don’t try to be the center of attention, this is not the time or place to reach for the spotlight. The child comes first of course but trying to one-up his or her biological parent should never be part of your game plan.
If the shoe were on the other foot, how would you feel? The Golden Rule, “Do unto others as you would like them to do to you,” is a rule you should try really hard to follow when co-parenting stepkids.
Keep in mind, if your spouse’s ex does do something egregious involving the child, isn’t abiding by custody orders, or refuses to pay court-ordered child support, your spouse (not you) does have legal options. It’s not a matter of what legal rights step-parents have, it’s always going to come down to what legal rights do the biological parents have when things go sideways in a co-parenting situation.
How recent Texas case law could impact Texas step-parent rights
A recent Texas Supreme Court ruling involving grandparents, In the Interest of H.S., may also give stepparents a glimmer of hope to file a SAPCR, even when one or both biological parents are still alive. The ruling was based on Texas Family Code § 102.003(9), which states, “a person, other than a foster parent, who has had actual care, control, and possession of the child for at least six months ending not more than 90 days preceding the date of the filing of the petition,” may have general standing to file a SAPCR.
In the H.S. case, the Texas Supreme Court overruled an Appeals Court, which had earlier ruled the grandparents did not have standing to file a SAPCR. The Supreme Court’s reversal was based on the fact that the grandparents had continuously engaged in a parent-like role on a day-to-day basis during the statutory time period, and therefore did have standing to pursue a SAPCR under section 102.003(a)(9).
That’s not to say the road to custody and visitation of a stepchild is easy for stepparents. If you believe it is genuinely in the best interest of your stepchild or grandchild for you to have legal custody or visitation of that child, it’s important to speak with a Texas family law attorney who is familiar with the legal issues and options for stepparents and grandparents’ rights.
Reach out for guidance on step-parent rights in Texas
No one ever said being a stepparent is easy. In most cases, being a step-parent has its ups and downs. However, if you put the best interests of the children first, and you and your spouse provide a stable, loving home for those children, it can turn out to be a wonderful experience for everyone involved.
If you live in the Dallas / Fort Worth area and have questions about step-parent rights in joint custody and adoption, or step-parent rights in general, you can contact the Sisemore Law Firm to schedule a confidential consultation with our firm. We will review your case, answer your questions and explain what options are available to you as a stepparent in Texas.
To schedule your confidential case review, please contact our law office at (817) 336-4444 or connect with us online.
FAQs: Step-Parents Rights in Texas
Is a step-parent a legal guardian in Texas?
In Texas, step-parents are not automatically considered legal guardians of their step-children. They would need to take steps dictated by Texas law in order to become a legal guardian or legally adopt the child.
What rights do step-parents have in Texas?
In Texas, step-parents generally have few if any rights when it comes to having possession of or making healthcare decisions, financial decisions and other important decisions for their step-children. That being said, there are certain circumstances where a step-parent may have standing to file a lawsuit to gain visitation or custody of a stepchild, especially if they have been directly involved in the child’s day-to-day care and the child’s other parent or parents are deceased, unfit or otherwise unable to care for the child.
What are step-parent’s rights after the death of a spouse?
Step-parents hoping to be awarded custody or visitation after a spouse’s death, generally face an uphill battle. If the other biological parent shares custody of the child and is still living upon the stepparent’s spouse’s death, serious consideration will be given by the court to grant the surviving parent sole managing conservatorship or sole custody of the child.
That’s not to say a stepparent (or grandparent for that matter), who has been serving as the primary day-to-day caretaker for a child has no options. In fact, a stepparent may have standing to enter into a lawsuit pertaining to custody or visitation of a stepchild if they resided with the child and the child’s biological parent within the past 6 months and no more than 90 days of filing suit.
What if I want to adopt my stepchild? Do step-parents have parental rights when it comes to adoption?
If the other biological parent is still living, the stepparent and spouse would need to take steps to terminate the other biological parent’s parental rights before being able to pursue the adoption of a stepchild and go from being a stepparent to parent. It is NOT easy to terminate parental rights in Texas.
If you succeed in terminating the biological parent’s rights (or the parent is deceased), the non-parent needs to go through other hoops before the stepparent adoption would be granted, including the completion of a home study and background check. Prospective adoptive parents in Texas must also be at least 21 years of age, demonstrate they are financially stable and mature, provide references, show proof of marriage or divorce if applicable and attend free training sessions about abused and neglected children.
What county do I file my step-parent adoption case in Texas?
Depending on the circumstances, you would file your step-parent adoption case either in the county where the child currently resides or where the parents (biological parent if still alive and spouse who is the step-parent) reside. The county court clerk can explain whether your case will be heard in district court or in the local county court that has jurisdiction in family law matters.
Are there factors that could disqualify step-parents from adopting their step-child?
If the step-parent has been convicted of any felonies related to family violence, assault, child abuse or child endangerment, or they have been shown to have ongoing substance abuse problems, these factors may disqualify them from adoption in Texas. Another big factor is the refusal of their spouse’s ex (the child’s other biological parent) to relinquish their parental rights.
While the child’s safety is of utmost importance in Texas adoption cases, the court will also consider whether the prospective adoptive parent (step-parent or otherwise) has the physical, emotional and financial resources available to care for the child. If the step-parent is unable to meet these requirements, among others, they may be disqualified from adopting a step-child.
When does a step-child need to testify in court to be adopted?
The state of Texas does not require that a child testify in court to be adopted. However, according to Texas Family Code Section 162.010(c), a child age 12 or over must consent to the adoption in writing OR in court. The court does have the option to waive this requirement if it is in the child’s best interest.
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