What Legal Rights Does a Stepparent Have?
If you marry someone with children, you have effectively become a stepparent. Being a stepmother or stepfather is not an easy role. You are raising a child who is not biologically your own. This can result in a lot of negative emotions at first.
However, many stepparents develop lasting bonds with their stepchildren. Sadly, many divorced people worry about their future relationship with their stepchildren. What happens now? Will you be able to gain custody of your stepchildren, even though they are not your legal children?
Unfortunately, stepchildren in New Jersey have limited rights unless they have formally adopted the child. Adoption is not required for stepparents and stepchildren, but it’s a good idea if you have a strong bond. A stepparent can adopt their stepchild if the biological parent (who is not their spouse) either consents or has their parental rights terminated. Adoption offers many benefits, such as:
- Recognition as a parent. This is the biggest reason. Being a legal parent makes your life easier for many tasks, such as scheduling doctors’ appointments, obtaining medical records, and picking up the child from school.
- Financial benefits. Being the child’s legal parent means the stepchild is entitled to your insurance benefits and inheritance.
- Feelings of permanence. Adoption provides a sense of stability for your entire family.
What Happens if There is No Adoption?
If you never legally adopted your stepchildren while you were married, then it is unlikely that you will be granted any physical or legal custody rights once your divorce is finalized. You may no longer have any decision-making power over important aspects of their life, such as education, healthcare, and religion.
One thing you can do, though, is fight for visitation rights over your stepchildren. To succeed, you must prove to the New Jersey family court that your stepchildren will suffer emotionally if your bond is broken by no longer being in each other’s lives. The courts look at what is in the best interests of the child, so you must argue that regular visits with your stepchildren after the divorce will serve their best interests.
A custody arrangement is rare. You would have to petition that both your stepchildren’s biological parents are unfit to care for them. You would also have to argue that it is in your stepchildren’s best interests if you retain custody rights over them.
It is possible that one of your stepchildren’s biological parents may voluntarily surrender their legal rights over them. If this happens, you would be able to petition to take on these legal rights instead. However, the ideal situation would be to adopt your stepchildren first.
Contact Us Today
Unless you formally adopt your stepchild, your legal rights are limited in the event of a divorce. You do not have any custody rights except in rare cases.
Custody issues can be complicated. Get the help you need from a Cherry Hill child custody attorney from Fiore Law. We can give you the advice you need to make informed decisions. Call our office at (856) 214-8964 to schedule a consultation today.