If you are married to someone who has children from a previous marriage, then you might be curious as to how getting a divorce will affect your relationship with your stepchildren. The answer will largely come down to your status as it relates to the kids.
Stepparent Rights and Obligations If You Have Adopted Your Kids
If you went through the stepparent adoption process, then you will be considered the child’s legal parent. Even if you divorce their biological parent, you will still be their parent. As a result, you will have the right to seek custody as part of a divorce. You may also be obligated to pay child support.
Remember: when you adopted your stepkids, you became their legal parent, full stop. Under Texas law, once an order of adoption has been issued, the parent-child relationship is established for all purposes. This includes the right of the adopted child to inherit from and through their adoptive parent as though they were a biological child.
Relinquishing parental rights is not easy. A voluntary termination of parental rights is a complicated legal process that results in the parent-child relationship ending. Parental rights can only be terminated by court order.
As a parent, you can sign an affidavit of voluntary relinquishment of parental rights. However, that affidavit has no effect unless and until a judge signs a court order terminating parental rights. This will only occur if a judge determines that termination is in the best interests of the child. Courts take this issue very seriously and will not issue such an order lightly.
As a general rule, it will be difficult to terminate parental rights exclusively on the basis that you are no longer married to a child’s biological parent. As discussed in greater detail below, taking such a step would also likely have a significant impact on a kid’s emotional well-being.
Stepparent Rights and Obligations If You Have Not Adopted the Kids
This brings us to an entirely different issue: what are your rights as a stepparent if you did not formally adopt your stepchildren? In short, you don’t have any legal rights or obligations related to your stepchildren if you did not adopt them. You will have no right to child custody and will not be required to pay child support.
This reality can be difficult for a stepparent, particularly if you have been part of the kids’ lives for a long time. In some cases, a stepparent has helped to raise a child from a young age and has fully stepped into the role of a parent. It can be devastating to learn that because you have no legal relationship to the children, you have no right to child custody or visitation.
After a divorce, a stepparent who has not adopted a child is considered an “interested third party.” An interested third party must have legal standing in order to petition the family law court for possession, access, and conservatorship of children. The law has recently changed significantly restricting a third party’s standing to petition the court.
If you are divorcing from your stepkids’ biological parent and are not on good terms, it may be challenging to see the kids. A petition for visitation as a former stepparent can be more complicated than seeking custody or visitation since you are not the child’s legal parent. If you have questions about visitation with your former stepkids, our Austin family law attorneys can help.
Former stepparents are not legally required to pay child support to their ex for their former stepkids. Of course, you may choose to offer some form of support if you want to do so, but your ex cannot demand that you pay child support if you have no legal relationship to the kids. If you have questions about these issues, reach out to our law firm for a consultation.
Get Skilled Legal Guidance for Stepparents in a Divorce
If you married someone who had kids from a prior relationship, you might be concerned about your rights in the divorce when it comes to the children. Our law firm is adept at navigating these more complex dynamics. We can work with you to help you negotiate a divorce agreement that protects your rights and interests.
Based in Austin, the Law Office of Jason Wright represents individuals and families throughout Central Texas. We are fierce advocates for our clients and work hard to get them the best possible outcome for their case. To learn more or to schedule a consultation with a skilled Austin divorce attorney, give us a call at 512-706-9662 or fill out our online contact form.
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