What is typically required for a stepparent or nonbiological coparent to obtain visitation rights?

In New York, a stepparent or nonbiological coparent seeking visitation rights must demonstrate that they acted in loco parentis, meaning they have taken on a parental role in the child’s life prior to any divorce or separation. This legal concept refers to someone who has assumed the rights, duties, and responsibilities of a parent without being the legal parent.

To successfully petition for visitation, the individual must show evidence that they have developed a significant relationship with the child, fulfilling functions typically associated with parenthood. Courts tend to favor stability and the best interests of the child; thus, if a stepparent or nonbiological coparent can prove that they were actively involved in the child’s upbringing and maintained a parental-like bond, they can establish a valid basis for seeking visitation.

In contrast to the idea of having a legal relationship with the child or being a close relative, the focus is more on the role they played in the child's life rather than their blood relation or legal status. Additionally, while a court order for visitation is necessary for enforcement, it typically comes after establishing the initial standing to seek visitation based on the in loco parentis status. Thus, having acted in loco parentis prior to the divorce is