(150+)The structure of modern families is always changing. It is not uncommon today for stepparents to live with stepchildren. If you are a stepparent in South Carolina, you may have wondered about the rights you have to your stepchildren. You may worry about what will happen to your relationship with your stepchild if you and your partner separate. Or, you may want to leave something to your stepchildren if you pass away. Below, our Greenville child custody attorney explains further.
Do Stepparents Have Legal Rights?
As a stepparent, you do not have the same legal rights as biological or adoptive parents. Even if you have married your partner, you cannot make decisions regarding your stepchild’s education, medical treatment, or religion they practice. In an emergency, you may be able to make medical decisions for your stepchild. You may also be able to interact with your stepchild’s doctors and take them to appointments, but it is the child’s biological parent who must provide consent for treatments.
Your stepchildren also will not automatically receive an inheritance if you pass away, nor are you liable for paying child support. Your stepchild will also not receive any government benefits if you pass away.
While stepparents are not automatically awarded child custody or visitation, there are ways to obtain it. If you are a de facto custodian, you can apply for these rights. You can also pursue stepparent adoption to formally and legally adopt your stepchild and gain all the same rights as biological parents.
Obtaining Stepparent Rights Through a De Facto Custodian Status
If you wish to be a de facto custodian of your stepchild, you must be a primary financial supporter or caregiver of the child. You must have also lived with the child for a minimum period. If the child is under three years old, you must have lived with them for a minimum of six months. If the child is three years old or older, you must have lived with them for a minimum of one year.
After a court has named you as a de facto custodian, you then have standing, or grounds, to apply for visitation rights. If the court finds that there are compelling circumstances, such as the biological parent is unfit, you can obtain visitation rights. You can also pursue child custody of the stepchild. Once you have established your stepparent rights, you will be able to make more decisions for them.
Obtaining Stepparent Rights Through Psychological Parent Status
Another way to obtain stepparent rights is to establish that you are a ‘psychological parent’ to the stepchild. To meet the criteria, you must show that you have lived in the same home as the child and that you were an important part of their education, care, development, and financial support. Your partner must consent to you obtaining this status and they must have also fostered the relationship between you and your stepchild. Lastly, you must have also acted in a parenting role long enough to have established a bond with the child.
Obtaining Stepparent Rights Through Adoption
Stepparents can also obtain rights by adopting their stepchild. To do this, stepparents must marry the biological parent, as adoption requires a relationship through blood or marriage. The biggest challenge stepparents face when adopting a stepchild is obtaining consent.
The first person to obtain consent from is your spouse, if you have not already. You will then need to obtain consent from the child’s biological, non-custodial parent. The non-custodial parent will have to give up their parental rights, essentially giving them to the stepparent.
If the non-custodial parent voluntarily gives up their rights, they can relinquish them without court interference. If they refuse to give up their rights, you will have to go to court and allow a judge to make the final decision. A judge will only terminate the rights of the non-custodial parent if it is in the child’s best interests. If you are your stepchild’s de facto custodian, this can strengthen your case for stepparent adoption. This is particularly true if the non-custodial parent does not participate in this role.
You must also contain your stepchild’s consent if they are older than 14 years of age. After you have obtained consent from all required parties, or the non-custodial parent’s rights have been terminated, you can start the stepparent adoption process. This begins with filing a petition with the court. The process can take up to six months but if everyone involved consents, the process is much faster and more streamlined.
What Responsibilities Do Stepparents Have?
As with adoption, de facto guardian, and psychological parent status, stepparents may have certain responsibilities, as well as rights. It is important to note that without any of these designations, stepparents do not have any responsibilities towards the child. For example, they are not required to pay child support unless they have legally adopted the child. However, stepparents are often required to financially support the child, particularly if they have de facto guardian status.
Even if you are not a guardian or parent of any kind to your stepchild, your relationship with the custodial parent can still impact them. For example, if your stepchild lives with you and you earn a higher income, it can impact any government benefits the stepchild receives. Additionally, the higher household income can also result in the child’s other biological parent requesting more child support.
Our Family Law Attorney in Greenville Can Protect Your Stepparent Rights
If you are a stepparent, you likely have many questions about your rights and responsibilities to the child. At Elliott Frazier — Family, Personal Injury & Car Attorneys, LLC, our Greenville family law attorney is dedicated to ensuring your rights are upheld. Angela Frazier learned at a young age about fighting for what is right, after seeing her father, Senator Dick Elliott, fight in the boxing ring before working in the state legislature. She will fight for you, too. Call us now to schedule a consultation and to get the strong representation you need.
