As a stepparent, can I get court-ordered visitation with my stepson or stepdaughter under California Family Code 3101?

California courts have the ability to grant stepparents “reasonable visitation” in a divorce proceeding under Family Code §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).

Requesting a stepparent visitation can be very difficult and contentious.  Let an experienced attorney review your case and assist you in achieving the appropriate orders.  The law firm of Wallin and Klarich is prepared to answer your legal questions and is immediately available to assist you with your case. Contact us today at 888-280-6839 for additional information.

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    Paul Wallin is the senior managing partner at Wallin & Klarich. With over thirty years of experience handling many types of criminal defense cases, Paul Wallin has a tremendous amount of knowledge when advocating for his client´s rights. Paul Wallin prides himself in going the extra mile to put his clients at ease especially when they are facing allegations of criminal misconduct and are stressing over it. Many have trusted Paul Wallin and his team at Wallin & Klarich to assist them in their darkest hour.

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