I am a stepparent whose spouse has filed for a divorce. My spouse has a child from a previous marriage who lived with us. How can I can get visits with my stepchild?
You may be able to get visitation ordered by a court. The court has “discretion.” This means the court doesn’t have to give you visitation. You must prove that:
The court looks at these things:
A. The length and quality of the relationship between you and the child. That is, how long you have known the child and do you see the child often or help with the child's care?
B. Your ability to guide, teach or help the child in other ways if the child's parent is not meeting his needs.
C. Whether the child wants to visit you (if the child is old enough to say).
D. If you are willing to encourage a close relationship between the child and his parent(s).
E. The mental and physical health of you and the child.
A court doesn't have to allow visitation. Certain conditions must exist before a court, in its discretion, may order visitation.
A. If the child's parents were married, the parents of a dead, interdicted or jailed spouse may have reasonable visitation with a child.
B. If the child's parents were not married but living together, the parents of a dead, interdicted or jailed parent may have reasonable visitation with a child.
C. If the child's parents were married, the siblings of a dead, interdicted or jailed spouse may also have reasonable visitation with a child.
D. Both grandparents and siblings may ask for visitation when the parents were married, but are legally separated or have lived apart for at least 6 months.
My grandchild is being adopted by her stepfather. Can I get visitation after the adoption?
File a written motion (a request) with the court that ordered the adoption. You must show the court that:
1. You have been unreasonably denied visitation rights with your grandchild, and
2. Limited visitation would be in the child's best interests (that is, good for the child).
The court may order an investigation of you by the Department of Social Services, or order you to be evaluated by a psychologist.
My grandchildren were in foster care before being adopted. Can I get visitation?
In this kind of adoption, a court may let grandparents, siblings or even a parent have some visitation with a child being adopted. You would have to prove that:
1. The child has an established, significant (that is, important) relationship with you and losing that relationship would cause substantial harm to the child (that is, hurt the child a lot); and
2. It is in the child's best interests that the relationship not be lost.
If the parents are dead or their parental rights have been terminated, a court can allow visitation by any relative who proves the same things.
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