9 FAQ on Does A Step Parents Have Rights?

4. What Does “Best Interest” Mean?

Under California Family Code Section 3101, the courts are fully empowered to decide whether a stepparent should be granted visitation rights. According to Section 3101(a), the court may grant visitation rights if the visitation is determined to be in the best interest of the child.

How does the court determine what is in the best interest of the child? The judge may consider the following factors:

• The ability of the biological parents to take care of the child
• The emotional relationship between stepparent and child
• The emotional relationship between the biological parents and the child
• Whether the stepparent or biological parents have a history of domestic violence
• The child’s age
• The nature of the child’s homelife and living arrangements
• The child’s health

In general, the court will look at how long a stepparent has been involved in a stepchild’s life. If the stepparent has been a significant figure in the child’s life for some time, visitation rights are more likely to be granted.

Let’s look again at our example:

For three years, Mark has spent every day helping Jess take care of Poppy. He plays Barbies with her, helps with her homework, and treats her to ice cream at Disneyland. Poppy has begun to call Mark “Dad.” The judge in the case appreciates that Mark and Poppy have a strong emotional bond, and that Mark has been a consistent presence in her life for a long time.

5. What Does “In Loco Parentis” Mean?

It is possible that a court may refer to a doctrine called “in loco parentis” when making their decision about whether to grant visitation rights. In Latin, “in loco parentis” means “in the place of a parent.” If a stepparent took on the duties of a biological parent, then the court will take this into consideration.

This doctrine is mostly used in cases where a biological parent was absent for most of the child’s life. If the stepparent is the only parent the child has ever known, the doctrine may also apply.

In our example, Poppy has a relationship with her biological father, whom she sees every other weekend. In this case, though Mark is a good stepfather, he is not the only parent Poppy has ever known. Because Poppy maintains a relationship with her biological father, it is unlikely Mark can use the “in loco parentis” argument.