Children are one of the great blessings people experience in their lives. There isn’t much, if anything, which could rank higher than the love of a child within a parent’s heart.
Of course, people who aren’t directly related to a child, such as a stepparent, can come to love them just as much as their biological parent. This becomes an issue when a couple decides to separate or get divorced. This is why every stepparent should know their rights when it comes to their stepkids.
The Issue of Stepchildren
To understand why rights related to stepparents are so important, see how often this issue can arise. Statistically about half of all marriages end in divorce.
Additionally, around 60 percent of second marriages end in divorce. In fact, 43 percent of all marriages are a second or later marriage for one of the parties involved.
While not all marriages result in the birth of a child, it’s foolhardy to think many of them don’t. When considering the statistics, it’s obvious a large number of children will have experiences with stepparents at some point in their lives.
And since marriages can end so abruptly, stepparents should know the rights they have to a child they have helped raise.
The Legal Rights of a Stepparent
The legal rights of a stepparent will vary greatly depending upon the state a stepparent lives in. There are some instances, such as when a person adopts their stepchild, where maintaining their rights won’t be such a significant battle. In other situations, however, such as when the stepparent neglected to make an adoption legal, the fight to hold their rights can be quite difficult.
When it comes to stepchildren, it’s important to note courts are more likely to grant visitation rights over custodial rights to stepparents. Of course, this can vary depending on the exact situation.
Courts will consider the amount of involvement an individual has had in a child’s life, the amount of financial help they’ve provided and even whether or not remaining in the custody of the biological parent is safe for the child. Unfortunately, none of these things guarantees rights to a person’s stepchildren.
Protecting Legal Rights
There are several things a stepparent can do to protect their rights after a separation or divorce. One of the most proactive things an individual can do, before divorce even enters the conversation, is adopt the child. This will make sure they have certain rights that cannot easily be taken away simply due to the end of a relationship.
Once divorce proceedings are initiated a stepparent should immediately seek out a local family attorney if they hope to keep their rights. An example would be retaining a Orlando family lawyer if the residency of where the separation or divorce is taking place is in the central Florida area.
These legal professionals will be skilled at the local laws related to visitation and custody. This means they’ll be in the best place to help make sure a stepparent’s rights are protected after the dissolution of a marriage. This step is among the most imperative for any stepparent who hopes to still have rights to a child.
Unfortunately, it’s often an uphill battle for stepparents who wish to remain a part of their stepchild’s life. Luckily, losing rights to the child is not a foregone conclusion. By simply following some of the aforementioned steps, an individual can ensure they have the best possible chance of remaining part of their stepchild’s life. In these cases, the worst thing a person can do is not seek out a family lawyer. Simply securing this type of attorney is sometimes enough to show a judge an individual really wants to be part of their stepchild’s life.
Lisa Coleman shares the importance of a stepparent acquiring legal rights through adoption, if possible, of stepchildren to secure a guaranteed future of legal rights. She recently read online how Katz & Phillips, P.A., an Orlando family lawyer, could legally help a stepparent acquire rights to their stepchildren when in the process of separation or divorce.
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