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What Are the Rights of Stepparents in Joint Custody Arrangements?
Stepparents often establish solid bonds with their stepchildren, which can make divorce and custody painful. Many stepparents often have difficulties understanding their rights in joint custody arrangements. However, understanding these rights can make navigating the relationship between the child and the child’s biological parents easier.
If you’re a stepparent afraid of losing your right to parenting or visiting your stepchildren after a divorce, consult skilled lawyers from a law firm in Overland Park for legal assistance. They can explain everything you need to know about safeguarding your rights and how to fight for the most favorable outcome.
Legal experts highlight the following general rules for stepparents in joint custody arrangements:
Stepchildren Adoption
A stepparent can adopt their stepchildren while married, acquiring the same rights in divorce as the biological parents. However, since a child cannot have more than two parents, the other biological parent must waive all their parental rights.
Note that a court will only terminate a biological parent’s rights under extreme circumstances.
Without adopting your stepchildren, you may lose your legal rights toward them after a divorce or the death of a biological parent. Family lawyers in Overland Park explain that stepparent adoption can serve as a crucial lifeguard when one biological parent is deceased, abusive to the children, or has had their parental rights terminated.
The Right to Access School Records
If you’re in a joint custody arrangement, the law allows you to access your stepchildren’s school records or attend some functions with consent from your spouse if the child resides in your home occasionally. You can exercise this right under the Family Educational Rights and Privacy Act.
However, since school officials may not always be aware of this legal provision, it would be wise to have a written consent form signed by your spouse to make things easier. It would also help if the consent allows you to pick up the children from school.
The Right to Participate in Custodial and Disciplinary Arrangements
If you enter a marriage as a stepparent after custodial rights and disciplinary agreements have been set up, a judge may request you to accept the arrangements. If your spouse’s initial divorce specifies the discipline methods for the children, Overland Park family attorneys explain that you must adhere to the guidelines.
Stepparents and Medical Decisions
Stepparents in joint custody arrangements often have fewer rights than biological parents. In a medical emergency, you can take the child to the hospital, but you must have a consent form signed by both biological parents to consent to the child’s medical treatment.
Only your partner should sign the consent form if you’re in a non-custodial arrangement where your spouse already has custody. Understanding your stepparent’s rights and responsibilities is crucial to enable you to give your stepchildren all-rounded care. Consult experienced family attorneys in Overland Park for more legal insights.
The Right to Visitation
Kansas is one of the 23 states that legally authorize stepparent visitation. A court could award custody or visitation rights to the stepparent when facts demonstrate that it would not be in the children’s best interests to place them in the biological parent’s custody and they would benefit from remaining in the care of the stepparent.
Family attorneys in Overland Park add that the following factors could increase your chances of obtaining a favorable outcome in the visitation schedule with your stepchildren:
- If you were married to the children’s biological parent for many years
- If your stepchildren express their desire to have regular visitation with you, depending on their age and maturity
- If you had a positive and strong bond with your stepchildren during your marriage to their parent
- If you financially supported the stepchildren throughout the marriage
Working with skilled lawyers can also work to your advantage. They can evaluate your case circumstances and create a solid case to increase the likelihood of being awarded custody of your stepchildren. Every custody case is unique, but the court can rule in your favor if you can prove why it’s in the children’s best interests that you’re granted visitation.
Can I Be Granted Legal Jurisdiction Over My Stepchildren?
The law sometimes enables stepparents to gain equivalent legal jurisdiction over their stepchildren as biological parents.
One way is through legal stepparent adoption if the non-custodial biological parent gives up their right to the child. The other option is to seek legal guardianship, which doesn’t require either biological parent to forfeit their parental rights.
Obtaining legal guardianship as a stepparent can be challenging, especially if both biological parents are competent and actively involved in the children’s lives. However, you can obtain legal guardianship if a legal parent nominates you as the children’s guardian in their Will or Power of Attorney. Note that most legal guardianships only last until a child becomes an adult or when the court determines guardianship is no longer necessary for the children.
A Skilled Family Lawyer Explaining Your Rights as a Stepparent
Establishing your rights as a stepparent can be challenging if you don’t understand the legal provisions available to you.
Experienced Overland Park attorneys provide legal insights and representation at various stages of the process to ensure your rights are protected.
While stepparent adoption and guardianship can be complex, having legal experts by your side can make it easier to navigate. Barnds Law LLC hosts dedicated and knowledgeable family lawyers in Overland Park. Let us evaluate your case and provide invaluable advice to put you on the road to success in establishing your rights. Call us at 913-270-0505 to schedule a strategy session.
