Legal Question in Family Law in Texas

Stepparents in Texas have very limited rights. Unless a stepparent legally adopts the child during the marriage, it is difficult, but not impossible, for a stepparent to obtain visitation rights in a divorce.

In general, under Texas law, a stepparent only has standing as an "interested third party" in matters related to custody and visitation. To obtain visitation rights, the stepparent would have to make a compelling case that visitation would be in the "best interests of the child", due to an established emotional relationship and long-standing residential arrangement.

The stepfather's best chance to maintain a relationship with the child is to come to agreement with the mother regarding visitation, and to incorporate this into the final divorce decree. If the mother is not open to this, then the stepfather will face an uphill legal battle, as the rights of biological parents are strongly favored.