When parents end their marriages, they usually share custody. However, not everyone has a straightforward claim to shared custody at the end of a marriage. Some people who have strong relationships with minor children may not technically have legal or biological relationships with them.
Stepparents may spend years living with and supporting their stepchildren. Unfortunately, if they do not legally adopt their stepchildren, they may have reason to worry about their parental rights if they divorce. Frequently, stepparents simply give up and take no actions to preserve their connection with their stepchildren when their marriages end. They may assume they have no legal rights.
However, in some cases, stepparents may potentially have the option of requesting shared custody or visitation when they divorce. How does a stepparent obtain shared custody?
Spouses can cooperate
The easiest way for a stepparent to secure visitation or shared custody is through direct cooperation with their spouse. Divorcing couples generally have the option of setting whatever terms they view as appropriate and necessary when addressing custody and property division matters. So long as they reach an agreement and pursue an uncontested divorce, the spouses can agree to regular visitation for the stepparent or even a shared custody arrangement.
Washington recognizes de facto parentage
There are many scenarios in which people may act as parents without technically being parents. For example, stepparents living with and providing for their stepchildren may essentially fill the same role that a biological parent might. Grandparents living with and caring for their grandchildren may also act as de facto parents in scenarios where the actual parents of the children are not available to care for them.
It is possible for stepparents who wish to maintain a relationship with their stepchildren to ask the courts to consider their prior role in the child’s life when making decisions about parental rights and responsibilities. Stepparents who can show that they have had a continual, positive relationship with their stepchildren and have effectively acted as parents may be able to obtain shared custody through litigation in the family courts.
Stepparents hoping to assert their rights in family court often need help understanding the law and preparing for negotiations or litigation. Complex child custody matters often require concerted efforts that begin long before the court date for a family.
