Can a Stepparent Gain Visitation Rights

My question involves a child custody case from the State of: Louisiana. Can a step-parent obtain sometime of legal right to her step-children? If so, what?

It's very rare, but there can be circumstances where step-parents may be awarded guardianship - typically only if the custodial and non-custodial parents are BOTH dead/unavilable/unfit AND if the step-parent has played a major role in the child's life. There's no way to list all the possible circumstances.

I guess, what I mean, is my hubby is trying to get custody of his children. Me, being the step-mother, is there something legal that we need to put in place as well so I can be legal as well...

No. You do not have the legal right to someone elses child. That said, there are many responsibilities dad can authorize you to handle on his behalf. Many times, a good coparenting relationship between mom n dad allows the step parent to be active in handling the childs life also.

I believe in your case, mom is deceased, you should have no problem being active with dads okay. Dad should take steps to make his wishes for you to have custody if he passes known. Giving you all assets, will reinforce this desire with the court if that happens.

You are a legal stranger to the children, who already have two legal parents. The only method to create a legal tie between you and your step-children in your situation will be if you adopt them - which will take either approval of the other parent, or, for the other parent to be found unfit to the degree that the court terminates their parental rights, or that parent is deceased which would, in effect, create a parental "void" that you could then petition to fill. But with two living functional parents, you have no standing,

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Quoting aardvarc

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You are a legal stranger to the children, who already have two legal parents. The only method to create a legal tie between you and your step-children in your situation will be if you adopt them - which will take either approval of the other parent, or, for the other parent to be found unfit to the degree that the court terminates their parental rights, or that parent is deceased which would, in effect, create a parental "void" that you could then petition to fill. But with two living functional parents, you have no standing,

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Catherine, OP's post hx is important here.

:)

(The kids are currently with deceased Mom's boyfriend and have been for at least 5 years - Dad hasn't been on the scene much at all)

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(The kids are currently with deceased Mom's boyfriend and have been for at least 5 years - Dad hasn't been on the scene much at all)

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Not true. He has been on the scene and has had past visitation, phone calls, and has had the children for weekends, etc... It has only been recently that they have been kept from him. Please if you are going to quote me do it correctly. They have been residing with deceased mom's boyfriend because of dad's work schedule (oilfield, can be gone as much as 6-8 weeks at a time. In 6 months he had 9 days off total. Trust me I know. They called him out when our child was 1 week old and he was gone for 8 weeks in another state. Home for 2 days and gone for another 6 weeks, and this rocked on until he had an opportunity come up that offered him a job he had always dreamed about. You make it sound as if he just left them there and never showed back up. So not true. He and boyfriend had an arrangement. Kids were already in school, had a younger brother (moms and boyfriends) and their mother just passed away in a horrific accident. He did not want to take them and move them from state to state with no one to trust to watch over them, working 12-14 hours a day 7 days a week. He was doing what he thought was best for his children at that time and it worked, until now. Now that he is not on that type of schedule anymore and they are older and requesting to live with their biological father, they are being kept from him. Dad has supported them, bought them things, visited with them, bought christmas, etc... See now, dad is settled down in one place (not moving with job), has a wife, an infant son and a regular stable job and children that want to come live with him. That is the issue. He did not just dump and run.

Okey dokey!

Thank you Catherine. I was not particularly asking about my husbands children... I have children from a previous marriage and my hubby is their stepdad and I was wanting to know if there was something that I could get where he would be recognized as a legal gaurdian just in case the school called and needed something and I was out of pocket and he could get to them... you know for emergency situations. I guess when we get this custody situated with his children, I would need something as well. However, my children's father is still very much alive, so I guess that would be no on my part. Thanks again :)

There is, actually.

It's called POA. ;)

You're welcome.