It’s official: Kate Beckinsale and Len Wiseman are getting divorced. After a plague of rumors over the last few months, during which both parties were photographed without their wedding rings, director Wiseman officially filed for divorce. Neither is seeking spousal support and it is believed that the two have a prenuptial agreement.
While Wiseman and Beckinsale have no children together, Beckinsale does have a 17-year-old daughter from a previous marriage. This brings up an interesting question ”“ does Wiseman have any parental rights over his stepdaughter?
Colorado Stepparent Custody & Visitation
While we can’t speak for other states with different laws, if Beckinsale and Wiseman were Colorado residents, Wiseman would have certain rights over his stepdaughter, though those rights would be much less powerful than Beckinsale’s.
Given the high rate of divorce in this country, many children have stepparents. A stepparent in Colorado may assert custody of a child if he or she has been one of the child’s primary caretakers for six months. Additionally, courts are able to grant visitation for stepparents who have acted in the place of a parent.
Stepparents have an easier time obtaining visitation rights than they do custody rights over stepchildren. It all hinges on the court’s interpretation of what would be in the best interests of the child. If the stepparent was an active participant in the child’s life, has been an active participant for a decent length of time and it would be a detriment to the child for the stepparent to be removed from the child’s life, the courts will likely grant some rights to the stepparent.
Ask a Denver family law attorney about your rights as a stepparent in divorce.
