Step-parenting children can be a rewarding experience, yet stepfathers generally do not have the same parental rights as a child's biological father. Although state laws vary on the issue, Sari Friedman, a Long Island divorce and custody attorney explains that unless an adoption has taken place, a stepfather usually has no legal rights. However, in cases where a man is presented to the child and the world as the father, a court may recognize that he has some parental rights.
Right to Actively Participate in a Child's Life
When it comes to remarriage and joint custody between the biological parents is an issue, the adults need to be in agreement as to the role a stepfather will play in a child's life. It serves a child's best interests if the biological parents and stepparent are in agreement about what a stepfather's parenting rights and responsibilities will be.
Right to Discipline a Child
When the biological parent in the household is absent, the responsibility of discipline may fall to the stepparent. According to the Arizona Foundation for Legal Services and Education, stepparents who are caring for a child when the natural parent is away can make decisions regarding discipline during the time the child is in his care. As stated in the October 2008 issue of the "Michigan Bar Journal," case law sanctions that a stepparent may discipline a stepchild when the spouse who is the natural parent delegates the authority to the stepparent to reasonably discipline a child . Another instance when a stepparent may be permitted to discipline a child is when he is in "loco parentis," or in the position of a parent, to the child.
Being a child's stepfather does not automatically infer that the status of being in loco parentis exists. Factors, which are considered, include how dependent the stepchild is on the stepparent, the amount of support the stepparent provides, as well as the kinds and extent of the parenting responsibilities the stepparent exercises.
Right to Adopt a Stepchild
In some cases where a child's biological father is absent, a stepfather may be able to adopt his stepchild, giving him the same rights as a biological parent. The U.S. Department of Health and Human Services' Child Welfare Information Gateway points out that adopting a stepchild involves getting the consent of both the child's custodial and noncustodial parents. Although state adoption laws differ, a stepfather may be able to adopt his stepchild if the biological father is found to be unfit and his parental rights terminated. If a child's biological father was never married to the mother, and has failed to take the legal steps necessary to establish paternity, has had no contact with the child, and has never paid child support, his parental rights may be terminated by the court. Some biological fathers who do not want to be involved in their children's lives voluntarily sign a consent form to terminate their parental rights.
Right to Preserve a Relationship with a Stepchild
A stepparent who has developed a close and loving relationship with a child during marriage to the child's mother may want to preserve a relationship with the child after divorce. Often stepparents who have acted as a child's parent are not recognized as a parent. However, in cases where a child's biological father has been absent, and a child has a close relationship with the stepparent, some state courts may award custodial and visitation rights to the stepfather.
As in the Supreme Court of New Hampshire case of Bodwell v. Brooks, when the law recognizes the relationship a stepparent has with a stepchild, the court may expand the rights and responsibilities of the stepparent, including the obligation of a stepparent to support a stepchild. A stepfather who demonstrates to the court that he is fully committed to caring for a stepchild may be awarded the same rights and responsibilities as the child's natural parent.
References
- Divorce Litigation: The Rights, Duties, and Responsibilities of Stepparents to Their Stepchildren: Custody and Visitation
- Berkeley Public Information Office: Stepparents need new rights and duties to solve family needs
- Sari M. Friedman, Family Law Attorney, Long Island, New York
- divorcenet.com: Stepparents' Rights
- Law for Kids: What rights do stepparents have in the care of step-kids?
