Do step parents have rights after divorce?

If you are considering divorce or have been through a divorce with step-children involved, you may be worried about your stepparent rights after divorce. You have perhaps already gone through a long process of forming a relationship with a step-child and experienced the self-reflective questions such as how involved should a step parent be and what can I expect of my relationship with a step-child? But do you have legal rights as a step parent? More specifically, do step parents have rights after divorce?

Forming a relationship can be a long road and it can therefore be difficult to learn that, following divorce, step-parents rarely have automatic rights relating to that child. In this article, we look into what you can expect, some actions take and what parenting rights for stepparents look like, as well as looking at options for gaining legal rights.

Marrying into a stepparent role things to consider – who qualifies as a stepparent?

Parental responsibility is given to all mothers and most fathers on the birth of their child. This involves having certain rights and responsibilities for the child. They have a responsibility to protect, home and maintain that child, as well as take care of medical needs, education and discipline.

However, as a step-parent, no matter the level of involvement you have had in a child’s schooling, healthcare, and home environment, you do not have the same automatic rights as biological parents or adoptive parents. Even married stepparent rights in daily life will not hold the same rights as biological or adoptive parents.

How you can gain rights as a stepparent – understanding stepparent rights in joint custody arrangements

If you wish to gain parental responsibility for your stepchild, you can do this by seeking a parental responsibility order with the consent of the biological or adoptive parents. If you cannot agree on matters, then you will be expected to go through the mediation process or take your case to court to gain a court order.

Ultimately, regarding custody and visitation rights, judges are looking at what is in the best interests of the child. If you successfully gain parental responsibility, you will then have the same duties and rights for that child, along with the other parent/s. The final document in the process to request stepparent visitation rights must be signed by all necessary parties in the family court, to formalise it. 

What happens in mediation? 

If you believe mediation is possible, it’s helpful to know what the process involves. The aim is to settle any disputes between the two parties with the help of an independent third-party mediator. The mediation process typically involves each party stating their case with an opening statement, this is followed by joint discussions on what has happened and what the key issues are. Each party later meets with a mediator separately where they will be given feedback on their position and together come up with practical ways forward.

Joint discussions are resumed with each party’s offers of a resolution. Both sides are presented and when an agreement is reached, both sides sign it. If an agreement cannot be reached, then your case will go to court for a judge to decide on the outcome.  

When should I get parental responsibility for my step-child? 

It’s important to note that you must still be married to the other parent of your step-child if you want to apply for parental responsibility. If you are already divorced, it is not possible. It is therefore crucial, if you are considering divorce and wanting to ensure obtaining legal rights and responsibilities in relation to your step-child, that you act on this while you are married.  

Conflicts with the custody rights of a biological parent – What can step parents not do?

A stepparent can acquire parental responsibility through a formal agreement or court order however, they won’t have that parental responsibility unless the natural parents (or someone who already has parental responsibility) has signed the agreement.

Conclusion 

Although the position of step-parent may seem clear cut from the start, there are actions you can take to gain rights to your step-child, but it is critical that you consider your choices before you start divorce proceedings and understand how much control you have over your step children.

Frequently asked questions about stepparent visitation

Do step parents have visitation rights?

If you divorce the child’s biological part you sever all legal rights to see the child. The only exception is if you have officially adopted the child.

What if both biological parents are against stepparent visitation?

You will have no legal right to visit the child.

Can a step parent take away visitation rights from children when they marry the child’s other parent?

No.

Other FAQ

Should step parents be involved in decisions?

Step parents can absolutely be involved privately in decisions of the child via their married spouse. However, if they are going through a divorce then their right is removed unless they have adopted the child.

What are the rights of stepparents in joint custody arrangements?

Other questions asked were:

• What about stepparenting custody rights?
• What are my stepparent custody rights?
• Can stepparents gain legal jurisdiction over a child?
• What are the custody rights of stepparents?
• Can a step parent get custody of a child?
• Do step-parents have visitation rights?
• How can you get parental responsibility as a stepparent?

A stepparent can acquire parental responsibility via the court through a formal agreement from the natural parents.

Do step parents have rights if spouse dies?

You don’t automatically get parental responsibility for your stepchild. The responsibility passed to your stepchild’s surviving biological parent.

What is the legal definition of stepchild?

The definition of a stepchild is a child of a previous marriage of either a husband or a wife

What is the legal definition of stepfather?

A stepfather is a man who is married to a child’s mother after the mother divorces the child’s biological father or biological father has died. A step parent only becomes a step parent when they marry one of the biological parents. This doesn’t chase the rights of the step-father unless they choose to adopt the child.

Do step parents have rights to stepchildren?

Other questions asked were:

• Does step parent have rights?
• Can a stepparent become a legal guardian?
• Stepparent adoption vs legal guardianship. Which carries more rights?
• Is a step mum a legal parent?
• Can a stepmum be a legal guardian?
• Is a stepparent a legal guardian?
• Is a stepmother a legal guardian?
• What rights does a step child have?
• Does step father have rights?
• Does a step parent have rights to discipline?
• Stepparents and discipline – what are my rights?
• How does a step-parent get parental rights?
• What rights does a step child have?
• Can step parents have rights to stepchildren?
• Can step parents have rights to stepchildren?
• Do step parents have any legal rights?
• What are my unmarried stepparent rights?
• What rights do step parents have?
• What legal rights does a step-parent have?
• How can step parents get legal rights?

A stepparent can acquire parental responsibility via the court through a formal agreement from the natural parents. Otherwise, they do not have any automatic legal rights after a divorce.

Will you need to pay child support as a stepparent?

The Child Maintenance Service cannot enforce a stepparent to pay child maintenance. However, a step-parent may be required to pay monthly maintenance for the step-child as part of the financial arrangements after a divorce or civil partnership dissolution.

*Collaborative feature post*