Stepparent's rights after divorce vary from state to state. Check with a lawyer to find out the laws pertaining to your particular state. In the majority of states there are a few general trends regarding stepparents and their rights. In modern society, stepparents are becoming a commonality within the nuclear family. Therefore, increasingly more stepparents--and groups representing them--are lobbying for rights over their stepchildren even after divorce.
Adoption
While still married, a spouse of a biological parent may adopt a stepchild if the child's other biological parent is deceased or has surrendered all paternal rights. If the stepparent is the adoptive parent he will have the same rights as a biological parent after divorce.
Custody Rights
A stepparent may seek custody after a divorce is the other biological parent is not living or involved in the child's life. The stepparent will usually only be granted custody rights if the ex spouse died or is determined unfit and has been a part of the child's life for a long time. Grandparents sometime also fight for custody in these situations. Courts base custody decisions on the best interest of the child, according to Divorcenet.
Visitation Rights
A stepparent who has been an influential part of a child's life for a long time and has taken on a large amount of responsibility for the child can sometimes be awarded visitation rights. Stepparent visitation is permission from the court for a non-custodial stepparent to visit the child based on the child's best interests.
Variations Between States
States have great variance on their current status regarding rights for stepparents after divorce as shown by a table of stepparent rights compiled by Divorce Source. In some states, such as Iowa, the courts have decided that they have no authority to award stepparent's custody or visitation over natural parents. Other states, such as Maryland, Massachusetts or Michigan, determine that rights may be given to any person depending on the best interest of the child. Many states, such as Alabama and the District of Columbia, have no statute regarding a stepparent's rights at all.
