Occasionally, my law firm is contacted by a stepparent inquiring about his or her child custody rights after the break-up of a relationship. The child custody rights of a stepparent are quite similar to those of a biological parent in many ways. A stepparent in Pennsylvania has the right to sue a custodial parent for partial custody or visitation of the natural parent’s child. This typically occurs when the parties married and lived together for a substantial period of time with the child/children and the stepparent assumed the role of supporting and caring for the natural parent’s child. If the natural parent refuses to grant the stepparent access to the child, the stepparent should consider contacting an attorney and filing a complaint for partial custody or visitation.
The one major difference between a stepparent’s rights and a natural parent’s rights is that a court will not typically award the stepparent primary physical and legal custody, except for in exceptional circumstances. The Court tends to prefer biological parents for obvious reasons. However, if, for example, the stepparent, natural parent and child live together as a family unit and the natural parent passes away, the Court may award the stepparent primary physical custody even if the other natural parent is still alive.
As you can see, a stepparent has a plethora of custody rights in Pennsylvania, depending on the situation. If you are a stepparent and have any questions regarding your custody rights to a step-child, contact my family law practice, Gusty A. E. Sunseri & Associates, to discuss your options.