Knowing where you stand as a stepparent in your relationship with your stepchild when your marriage ends can be confusing. Stepparents and stepchildren often develop close and affectionate relationships with each other, but what happens when their blended family dissolves? A blended family consists of a home with a mix of biological and step relationships.
While there are numerous laws concerning traditional marriages, the laws have yet to keep current with the emotional realities of a step-parenting role. This usually means a stepparent will lose their right to maintain their relationship with their stepchild or stepchildren after a divorce.
Your Legal Responsibilities During a Divorce
Before the divorce is finalized, your legal responsibilities toward your family remain as they were throughout your marriage. However, you do not have any legal responsibility toward your stepchildren–unless bound by state law. You may also have some legal responsibilities if you have acted in place of the child’s biological parents.
The laws guiding the legal responsibilities of a stepparent during and after divorce vary from state to state. Some states, including Delaware, Hawaii, Kentucky, and Iowa, currently have statutes detailing some of these responsibilities. You should get acquainted with and understand your rights as stated by your specific state laws.
Your Legal Rights as a Stepparent
State family laws, unfortunately, do not lay out a stepparent’s legal rights towards their stepchild, unlike with biological parents. Perhaps you came into your stepchild’s life at a very young age and have acted in the capacity of a biological parent. Your relationship with your stepchild may be mutual and loving, and your stepchild may see you as their parent.
However, in the eyes of the law, your legal rights as a stepparent in a divorce setting are very few. This is mainly because most courts believe biological parents are best suited to decide on their children’s behalf. As a result, you may find it difficult as a stepparent to seek custody or visitation rights after divorce.
Family laws have always focused on preserving the traditional marriage and parenting structure, with stepparents left underrepresented. However, things are changing gradually, and laws are slowly accommodating the rights of stepparents. Some states now characterize stepparents as “persons with a legitimate interest,” giving them the right to seek custody or visitation rights.
FAQs
Does the Law Still Consider You a Stepparent After a Divorce?
The law does not consider you a stepparent once your marriage is dissolved, although that does not remove your connection with your stepchildren. Therefore, if you can cooperate with your soon-to-be-ex-spouse, you can devise a solution to maintain that connection.
Does Adoption Change Anything?
If you adopt your stepchildren legally, the law will see you as their legal parent, giving you legal rights to them. Adopting your stepchildren means you get the same legal rights and responsibilities as their biological parents, including custody and visitation rights. However, the success of the adoption process rides on at least one of the children’s biological parents relinquishing their parental rights.
Can You Be Your Step Child’s Legal Guardian?
You can take on guardianship over your stepchild, even if his biological parents do not relinquish their parental rights. This guardianship role offers security for the children in emergencies and protects your legal rights as a former stepparent.
Conclusion
It can be hard to determine what role you still play in your stepchildren’s lives after a divorce. Each state has rules governing step-parents’ legal rights and responsibilities during and after a divorce. “Understanding your state’s family laws can guide your decisions concerning your relationship with your stepchildren during and after the divorce,” says attorney Galit Moskowitz of Moskowitz Law Group, LLC.
