Behind the Scenes of Cinderella: The Legal Rights and Obligations of Lady Tremaine

We all know the fairytale of Cinderella – the evil stepmother, two mean stepsisters, and the fairy god mother who saves the night.  Let’s focus on the evil stepmother.  Unfortunately for Cinderella, her beloved father passed away leaving her in the care and custody of Lady Tremaine (a.k.a. the evil stepmother).    Lady Tremaine forces Cinderella to cook, clean, and serve her and her two daughters.  It is obvious in the story that Cinderella and Lady Tremaine despise each other.  But, what would happen if the story was different…

What if Cinderella’s father never died, he realized how evil Lady Tremaine was, and decided to divorce her.  What would Lady Tremaine’s legal rights and obligations be in regards to supporting Cinderella after the divorce?

Generally, a stepparent has no legal duty to support his or her stepchild during the marriage to the custodial parent. However, some states, including New York, have enacted statutes that require stepparents to provide support to their stepchildren during the marriage if the stepparent stands “in loco parentis.”  In loco parentis is established if the stepparent voluntarily takes the stepchild into his or her family and assumes parental obligations. 

Even though a stepparent is expected to support a stepchild during the marriage in New York, this obligation ends upon his or her divorce from the child’s biological parent.  Only if an implicit or explicit promise was made by the stepparent to continue supporting his or her stepchild or, the court equitably estopps the stepparent from denying support, shall the stepparent’s obligations continue.   In the case of D.M. v. C.M., the New York court found that “The Husband’s embrace of D.H. as “his” child through his declaration of his love for her, his participation in raising her during 11 years of the marriage, his provision of financial support for her before and after her biological father’s death, and before and after the Husband’s separation from the Wife, along with his statement to the Family Court of his willingness to continue to support her, together constitute a promise to support D.H. as his own child.”  In this case, the stepparent/husband was ordered to pay child support.

Now, suppose Lady Tremaine was not an evil stepmother and she and Cinderella got along wonderfully. Even though Lady Tremaine and Cinderella’s father are getting divorced, Lady Tremaine still wants to have visitation with Cinderella.   How will the court rule?

In New York, a stepparent petitioning for visitation rights will have to show that it is in the stepchild’s best interest to maintain a relationship.  Similar to grandparent visitation (see blog entitled “To Grandmother’s House We Go!“), courts will give a strong presumption that a fit parent’s decisions are in the child’s best interests and will not lightly intrude on the family relationship against a fit parent’s wishes.   Thus, stepparents petitioning for visitation must show there is an established, strong relationship with the child and that it would be in the “best interest” of the child to continue to maintain the relationship.

Don’t let the clock strike midnight!  If you are a stepparent looking to obtain visitation with your stepchild the Law Offices of JAY D. RAXENBERG can help.  Click here to schedule a complimentary consultation.