Stepparent Visitation – California Family Code Section 3101
Stepparent Visitation Rights – CA Fam C §3101
The court has the ability to grant stepparents “reasonable visitation” in a divorce proceeding. Fam C §3101. However, a stepparent cannot assert his or her right to visitation and contact with the child if they are not a party to the case. Therefore, a stepparent’s right to visitation with their stepchild does not arise in a case between the biological parents, but rather in a divorce proceeding between the stepparent and the stepchild’s biological parent.
Where a stepparent is involved in a dissolution proceeding with the parent of their stepchild, the stepparent may have a right to reasonable visitation with their stepchild, but the Court cannot make any orders that would conflict with the rights of the other parent (who is not a party to the case). Fam C §3101(c).
Visitation – Child’s Best Interest – CA Fam C §3101
Where a stepparent seeks visitation as part of a divorce proceeding with the child’s parent, the court may award reasonable visitation with the child if the visitation is found to be in the child’s best interest. Fam C §3101(a).
Conflicting with Rights of Other Birth Parent – CA Fam C §3101
However, the Court may not order visitation rights for a stepparent if it would conflict with a right of custody or visitation of the birth parent who is not a party to the proceeding. For example, in a divorce proceeding between the mother and stepfather to a child, the court may not award visitation time to the stepfather if it would conflict with the court-ordered visitation provided to the biological father.
Also, a person who only acts as a stepparent while in a non-marital relationship with the parent does not have any standing to assert a request for visitation in a Parentage case with the parent. Thus, a boyfriend acting as a stepparent does not have any stepparent visitation rights.
Where Both Parents Oppose the Stepparent’s Request for Visitation – CA Fam C §3101
Generally, the Court will allow reasonable visitation between the stepparent and stepchild(ren), except where the natural parents are unified against such visitation. In that scenario, where both the mother and father are against a stepparent having visitation, the stepparent must show that the visitation is in the best interest of the child and that denial of the visitation would be detrimental to the child. Marriage of W. (2003) 114 CA4th 68, 7 CR3d 461.
If you believe that you should have stepparent visitation rights with your stepchild(ren), it is advisable that you contact a Wallin & Klarich family law attorney. Our attorneys have over 30 years of experience in diligently representing clients in their annulment proceedings. Call us today at 888-749-7428 or visit us online at www.wkfamilylaw.com. We will be there for you when you call.
