Can a stepmother who is about to divorce a child’s father still get visiatation with the child?

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Can a stepmother who is about to divorce a child’s father still get visiatation with the child?

I have a friend that has been married for just over 2 years. Her husband has 4 kids from a previous marriage. The mother unfortunately passed away from cancer shortly before they were married. But now, My friend is getting divorced. The kids have bonded with her for the past 2 years and, in fact, the oldest who is now 18 has now moved in with her. However, the husband is refusing to let her have visitation after the divorce. This is not only breaking her heart as she loves the kids but the kids’ hearts as well. She is the only mother figure they have known for the past 2 years. Is there any law, statute or anything she can use to get visitation?

Asked on December 16, 2012 under Family Law, Utah

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is nothing preventing the 18 year old from having visitation with the stepmother since the 18 year old is an adult. However, under the laws of all states in this country if the stepmother is solely the stepmother and not the adoptive parent she would have no visitation rights.


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