Divorce is never easy, but it may be tough on children. Children from a previous relationship who are not biologically linked to either parent further complicate matters.
When going through a divorce or considering doing so, one common concern is what will happen to one’s relationship with one’s stepchildren.
Legally speaking, hardly much secures your rights as a stepparent. If your relationship with your ex-spouse has ended, that doesn’t mean you have to sever ties with the kids. Discuss your situation with a reputed Sandy divorce attorney.
Keeping in touch with your stepchild after a breakup can be beneficial in many ways. Keep reading to learn more about your legal options and how a family lawyer might assist you.
Parental Rights Granted to Stepparents
In certain cases, a court may take into account a stepparent’s claim to parental rights.
- First, if you adopted your stepchild during the marriage, you will remain the legally acknowledged parent even in the case of divorce. However, as a kid can only have two parents. This is not a viable choice if both biological parents want to keep parental rights.
- Second, if you and your ex spouse agree that it is a good idea for you to keep a relationship with the child, a non-legal arrangement can be formed. Cooperation, communication, and compromise are essential for successful co-parenting with an ex-spouse.
- Keep in mind, though, without a formal acknowledgement of your motherhood, you will not be permitted any rights to custody or key decision making.
If your ex-spouse is blocking your visitation with your stepchild, what can you do? What if no suitable co-parenting arrangement can be made? You may have a case that is worth taking to court to fight for.
Legal Action You Can Take
Family law normally stipulates that biological parents are the best guardians for their own children, with exceptions for exceptional circumstances, such as abuse.
However, the court may decide that it is in the child’s best interest to keep you involved with them. If you were married to a biological parent for a long time and provided for your stepchildren financially, this could be the situation.
The court will also evaluate your relationship and impact on the child. The judge will likely see your relationship with the child as vital to their development if it is close, caring one built on trust and support.