
What Are the Legal Rights of a Stepparent?
When you marry someone who already has children, you are obviously going to develop a relationship with your new stepchildren. For any stepparent who gets really close to their spouse’s children, a divorce can be especially devastating. You are not just losing your spouse. You are losing your children. Unfortunately, the law does not really see things that way, and our Morristown child custody attorneys can tell you why you may struggle to get any kind of visitation arrangement after a divorce.
Can a Stepparent Seek Visitation Rights After a Divorce?
A stepparent can try to get visitation rights after a divorce, but it can be difficult. Normally, the court believes that it’s in the best interests of the child to continue having a relationship with both of their parents after a divorce. This is why joint custody is the most common arrangement. Except in extreme circumstances, both parents continue to have a role in the lives of their children and get to make decisions on their behalf.
This is not extended to stepparents though. The court just isn’t going to look at you the same way or afford you the same rights.
Is It Difficult to Show That You Should Get Visitation Rights as a Stepparent?
That doesn’t mean that you cannot get visitation rights. It just means that it’s difficult and the burden of proof is going to be on you.
The court won’t assume that your continued relationship with your stepchildren is in their best interest. You have to show that terminating visitation rights would be detrimental to your stepchildren.
What If the Stepparent Adopted Their Stepchild?
This can make a big difference. When a stepparent adopts their stepchild, they are seen as legal parents. This means that they can ask to be part of a custody arrangement and that they can get visitation rights. They can also continue to weigh in on important decisions regarding their stepchild’s education, health, and welfare.
Not every stepparent gets the chance to adopt their stepchildren though. You can only do this if their biological parent has given you permission or had their parental rights revoked already.
How Can a Lawyer Help?
It can be tough to make the affirmative case for stepchild visitation rights. An experienced attorney can help you gather evidence, refine your argument, and show the court how ending your relationship with your stepchildren would adversely affect them.
Schedule Your Consultation
So if you are going to a divorce and you want to assert your rights as a stepparent, contact Lazor Rantas, PC. We can schedule a consultation and tell you more about your legal options. If there’s something that we can do to help you stay in the lives of your stepchildren, we will find it.