Legal Question in Family Law in Maryland

Step-parents rights

My husband and I have custody of my two children and his three and we are expecting our first together. His ex-wife lives in the area and has his three girls every other weekend and alternating holidays. My ex-husband lives out of state and only sees our two kids during the summer and alternating Christmas and Spring breaks. My question is if in the event that something should happen to either one of us, does the other have any rights to visitation of the children, whom I would assume custody would be given to the natural parent. I have been raising his three kids and love them as my own and can't imagine not seeing them again if something happened to their dad and the same holds true for him as well. I also want them to know their unborn brother as they grow up.


Asked on 11/19/01, 11:07 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Step-parents rights

Under the scenario you pose, I would think that a court would grant visitation rights to a stepparent, even if the natural parent who became the custodian upon the death of the primary custodian objected to it. As you recognize, the children have formed a strong bond with their respective stepparents, and it would therefore be in their best interest to be able to maintain that relationship, especially under the dire circumstances that would be present. If the children are in their teens and expressed a desire to continue the relationship, I can't imagine that a judge would allow the natural parent to prevent it.

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Answered on 11/19/01, 1:55 pm


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