Legal Question in Family Law in Massachusetts
visitation?
can a stepfather petion visitation?
i want to decrease the time and days that my stepdaughter with her biological father.
1 Answer from Attorneys
Re: visitation?
Stepfather has no standing. The child's mother has standing.
I assume that stepfather is married to biological mother.
Unless stepfather reasonably believes that both father and mother are unfit parents, he should leave matters in her hands, and the court's. If stepfather's concerns are valid, and mother refuses to see this, stepfather may have to bring the matter to DCF attention -- which could lead to a finding that mother is in neglect.
In short, if stepfather is with biological mother, and biological mother has no issue, stepfather should leave it alone, UNLESS he is prepared to go the DCF route. This will likely cause him difficulty with biological mother.
Imperfect biological fathers have rights so long as they are neither abusive nor neglectful, and the visitation is in the child's best interest.