Step-Parent’s Rights: Everything You Need To Know

How The Role Of A Step-Parent Is Interpreted By The Courts

The role of a step-parent in the eyes of the family law system is generally limited. When someone legally marries a spouse, their standing with their spouse’s children does not immediately become that of a co-parent, rather, their rights become simply that of a "step-parent." And to make matters more interesting, there are even some differences in what that constitutes on a case-by-case basis.
To provide one example, let’s say there are two divorced parents and a third-party step-parent. One of the biological parents intends to marry again, and they’re getting along well with the new spouse position. That new spouse wants to adopt. If the biological other parent were to object to the adoption, the adoption could not go through because the parental rights of the biological parent have not been terminated.
That said, many lawyers and judges argue that if a biological parent elects to do so or not do so, it is their right to consent to a change in their child’s circumstance. This is at least partially due to the fact that once the step-parent decides to adopt, the step-parent actually adopts the child as if they were their birth child. He or she assumes all legal rights and responsibilities formerly belonging to the biological parent, and the former parental obligations of that biological parent to care and support the child would similarly transfer to the step-parent. It’s important to note that an adoption releases the biological parent from all parental rights and duties. Which means no more child support payments, for instance.
It’s not quite the same if the step-parent is not adopting, though many child custody issues may exist in either case . For example, step-parents do not have the right to take legal custody of a child – that would require that biological parent to agree to modify custody. Likewise, the courts do not have the authority to terminate parental rights based on the grounds that it would be in a child’s best interest for a step-parent to assume the parental role of a biological parent. In fact, the only way a step-parent has the right to file for visitation with the child is if there is a custody or visitation order that identifies them as a party of interest. In some states where visitation rights are granted to third parties, step-parents are sometimes granted consideration for visitation, depending on the circumstances. Thus, in cases where the other biological parent is not present, the step-parent might be able to obtain visitation rights.
Another area of the law affecting what step-parents can and can’t do is community property. When divorcing couples in community property states separate, the community property is between them, including debt, property/land, and future legal rights/divorce concepts. There are certain exceptions, including inheritance, pre-marital assets, and debt. Failing to specify the amount that either party has going into the marriage might not shield it from the marriage, and in some cases, it can be considered a factor in converting the asset into a marital asset. So if that husband or wife had debt outside the marriage, when the couple wed, the step-parent could be responsible for that debt as well in the divorce.
The role of the step-parent in family law varies greatly, and may be further limited in states with different statutes and different circumstances. As always, consult with a family law attorney for your specific needs.

Parental Responsibility And The Role Of A Stepparent

Parental responsibility will be granted to a step-parent in the event that they adopted a step-child. A step-parent can ask for an order from the Court giving him or her parental responsibility even if the biological parent has not lost parental responsibility. When would such an order be granted? In order for the Court to order parental responsibility, there will have to be clear evidence that: There is no requirement that the child’s other parent agree to this order being made. What if the step-parent and the biological parent who does not have contact with the child? In this case the Court will want to be sure that the order is clearly in the child’s best interests. Such a decision will depend upon the safeguards that can be put in place, the views of the relevant social services department and the wishes and feelings of the child. What happens if the step-parent divorces the other parent? It is important to understand that even if the parents of any child subject to these arrangements divorce or separate, such divorce or separation would not have any bearing on the issue of parental responsibility. Under the Children Act 1989 there is virtually no difference between the legal position of a natural parent and a step-parent with a Court order giving them parental responsibility.

Step-Parents Rights For Custody and Visitation

Even though step-parents are not biological parents, they do have the same rights to seek custody and visitation under Illinois law. If a step-father or step-mother has been caring for their spouse’s child for an extended period of time – usually six months or longer after the biological parent has been removed from the home – the step-parent may petition the court for jurisdiction to establish custody or visitation.
These rights can vary widely from state to state, and in some states a step-parent’s right to sue for custody or visitation may be more limited than in others.
The right to seek custody is usually reserved for situations where a parent is unfit, unable or unwilling to properly raise a child. Therefore, the custodial parent must have become unfit before a step-parent has any right to petition the court for custody. An unfit parent is defined under 750 ILCS 50/1 (D): The standard for custody proceedings, however, is the "best interests of the child," which is sometimes counterintuitive and can often lead to a certain level of contempt for the law that determines who actually walks away with custody of the child.
It is even more difficult for a stepparent to win custody if the custodial parent merely chooses to move out of the house, leaving the child with the spouse and step-parent in question.
The first step to gaining custody is to prove that the biological parent is unfit as defined above. The standard for judgment in these cases is preponderance of evidence.
An experienced family law attorney will know how to present a compelling case for victory in these types of situations. Statistically this is a tricky case type to win, with only a seven percent success rate.

Adoption of A Step-Child

Adoption by Step-Parents:
Beyond the realm of child custody is adoption. In some cases, a step-parent may want to be thought of in the same light as a biological parent once a blended family is formed. In some states, if step-parents are married to someone who has parental rights to a child, they can essentially adopt the child without additional court involvement. In Tennessee, while this is true, sometimes it can mean that the biological parent’s parental rights are terminated. Generally speaking, in order to adopt a child by marriage to a biological parent, the procedure is to file a petition to terminate the biological parent’s rights with the local Juvenile Court and to also file a petition for step-parent adoption. A willing step-parent must have lived in the home with the child for six months prior to the filing of the adoption petition, one of the biological parents must be the one who gets his or her rights terminated, the parent must not have been involved with the child’s life for at least four months prior to the filing of the adoption petition, and the adopting parent must have been the one who initiated the adoption petition. A final measure of the step-parent adoption process requires that the modification of the divorce proceedings stipulates that the parent will have reasonable visitation rights. All parties must be in agreement and nothing is ever mandatory when it comes to child adoption.

Child Support And Step-Parent Obligations

A parent has a legal and financial obligation for his or her biological child, however, this does not mean that step-parents are legally responsible for the well-being of their partners children. Though courts vary from state to state regarding the possible financial obligations for step-parents to their step-children, the law does not require a step-parent to provide financial support even in states that allow for an imputed obligation.
Some courts do impute a child support obligation to a step-parent if she or he stands in loco parentis to the child, meaning that they take the role of a natural parent. However , the step-parent’s obligation is generally limited to the difference between the obligation for the natural parent, and the obligation for the stepparent. For example, the court may determine that the biological parents’ share of the child’s expenses is $700 per month. Accordingly, if one parent has sole custody and is awarded the full share, the stepparent’s share is reduced to $350 per month if financially capable of meeting that obligation.
In many instances, a step-parent has certain rights regarding his or her step-children, however, the financial obligation, though not a problem in many blended families, may not be a legal requirement.

Legal Docs And The Rights Of A Step-Parent

In the context of step-parent rights, having a legal agreement in place between the spouses is essential. A prenuptial agreement or cohabitation agreement may address the roles, rights, and responsibilities that will be expected of the step-parent. Alternatively, the arrangement may be explicit that no obligation exists. It is highly recommended that you speak to a lawyer for advice on which legal agreements are available to you and your partner to protect your rights to and obligations towards your spouse’s children. Without an agreement, a step-parent may be obligated to support and care for a step-child as if he or she were a biological child.
A separation or divorce will impact the rights and obligations parents have to children. In the case of a step-parent, this will also affect the step-parent’s role in the life of the child. Even when there is no legal responsibility to pay child support, it is not unusual for courts to require stepparents to contribute to the support of their spouse’s children. This will be taken into consideration when making an equalization order in a divorce action. You do not have to have provided support to the children for the entire period of marriage. Courts may make an adjustment to equalization payment owed to spouse who has children using the period of time step parent has taken care of children as a period of years in calculating the value of assets to be equalized. For example, if the value of the equity in the home is $300,000 the amount owed at the end of marriage on mortgage is $100,000. There is a $200,000 increase in equity during the period of time you have been married. The sum of money that must be paid to the other spouse is determined by multiplying half of the increase in equity ($100,000) by the length of time of your marriage (in years). So in the first 8 years of your marriage you will pay the spousal and child support obligation within the amount you owe the spouse.

When Legal Steps Are Needed To Correct Parenting

While most families are able to navigate co-parenting schedules, visitation, and other matters amicably, a lack of legally binding agreements can result in disputes. Parents and step-parents may need to seek legal intervention for a variety of reasons, including the following: In these scenarios, parents will need to secure court intervention by requesting modifications for existing parenting plans or in extreme circumstances by filing for modification of parental responsibilities. Usually, the court will be interested in addressing issues that directly affect the welfare of the child. Most often, when legal intervention becomes necessary, the step-parent will be viewed as a third-party who may have some influence or bond with the child, but who does not have any legal parental rights.

The Differences Between The Legal Rights Of A Stepparent In Different States

Step-parent legal rights can vary significantly from state to state. From custody and visitation to financial obligations, step-parents need to be aware of the laws governing their rights and responsibilities in the state in which they live. In some states, there are specific "step-parent rights" laws or guidelines that outline the legal status of a step-parent in relation to a step-child. For example, certain states may allow a step-parent to adopt their step-child without the biological parent’s consent if the biological parent has been absent from the child’s life for an extended period of time. In other states, a stepparent adoption may not be granted without the consent of the biological parent, even if they play a minimal or non-existent role in the child’s life. Custody and visitation rights for step-parents also differ across states. For instance, in some jurisdictions , a step-parent may seek custody or visitation if they have been a substantial and positive figure in the child’s life. Alternately, other states may require a legal bond such as adoption before granting such rights. Financial obligations for step-parents vary as well. While most states do not hold step-parents responsible for child support after divorce, there are few that still impose such an obligation. It is important for step-parents to be aware of these potential legal risks before a divorce occurs to avoid any unwanted financial obligation for a past partner’s children. Ultimately, step-parents should familiarize themselves with the specific laws in their state to understand their rights and duties towards their step-children. Given that every state has its own set of divorce laws and court procedures, it is advisable to consult with a law firm specializing in family law to receive tailored advice and guidance.