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.