Legal Question in Family Law in Virginia

What legal rights does a step parent have in the Commonwealth of Virginia? My step daughters' mother does not like me & constantly threatens my husband in regards to me. She recently stated that I have no more rights to my daughters than her same sex partner. Is this true?


Asked on 11/02/10, 6:45 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

The rights of a step-parent in the Commonwealth (or other jurisdiction) with respect to any particular step-child are likely analogous to the legal status known as "in loco parentis", i.e., in place of a parent, which allows a step-parent to exercise such parental authority over the child as necessitated by the particular circumstances of time and place when the biological or adoptive parent of such child is not available to do so.

Read more
Answered on 11/09/10, 7:11 am
sheryl shane sheryl shane, attorney at law

You do have some standing. There is a higher standard of proof when third parties seek custody and visitation rights. Last time I handled case involving same sex relationships, case law did not favor such unions when dealing with issues regarding children. Web: www.sherylshanelaw.com. Attorney Sheryl Shane.

Read more
Answered on 11/10/10, 6:47 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Virginia