When you meet someone, you may be excited about the future you can build together. However, if this person has children from a previous relationship, it’s important to understand your role in their life, especially if you and your partner marry. While you may love your stepchild as if they were your own, you may wonder about your rights as a parent. The following blog explores what you should know about this matter, including how to legally adopt a stepchild. In addition, you’ll learn why working with a Long Island family lawyer is in your best interest during this often overwhelming process.
When I Get Married, Do I Have Parental Rights Over My Stepchild?
Though you may be willing to do anything for your stepchild, whether it’s help financially provide for them or lay down your life for them, unfortunately, in the eyes of the law, marriage does not grant you rights over the child. As such, you generally have no legal standing to make decisions on behalf of the child, gain custody or visitation rights in the event you and the child’s other parent divorce, nor can they receive any part of your estate unless you include them in your estate plan.
How Can I Establish These Rights?
In general, establishing parental rights over a child with two living biological parents is not as easy as you may assume. To gain parental rights, you must adopt the child. However, that requires the child’s other parent to consent and thus relinquish their parental rights. As you may imagine, this is not something many parents are willing to give up, as they then lose the right to contact, spend time with, and support their child.
In some instances, however, such as abandonment by a biological parent, consent may not be necessary. Additionally, if the other parent has not been present or active in their child’s life, the court can consider this when examining your circumstances to determine if adoption is in the child’s best interest.
Finally, you should note that you must obtain the consent of the child whom you wish to adopt, so long as they are over the age of 14. This is because the courts want to consider the child’s input on the matter before issuing a final decision.
As you can see, the process of adopting a stepchild is not easy and may not always work out. However, if you are interested in this route, the most important thing you can do is connect with an experienced family law attorney with the Law Offices of Jay D. Raxenberg, P.C. We understand how important this matter is to you, which is why we will explore all potential avenues to help you fight for the best possible outcome during this difficult process. Contact us today to learn how we can assist you.
