
Divorce is never easy, especially when children are involved. Understandably, both parents fear losing out on valuable parenting time, but the matter becomes even more complex for a stepparent. Although stepparents are often involved in the formative years of a child’s life and can have a positive impact on their growth, they don’t share the same legal rights as biological parents. If you are a stepparent and you have questions about your legal rights to your stepchildren, it’s in your best interest to seek the advice of our experienced Bristol County Child Custody Lawyers. Please continue reading to learn the limitations of a stepparent’s legal rights in Massachusetts.
Do Stepparents Have Any Legal Rights Over Their Stepchildren?
While stepparents typically don’t have the same legal rights as biological or adoptive parents, they have some rights in certain circumstances. Generally, they have no innate right to custody or visitation. Family courts will not grant parenting time if the biological parent objects. However, the state of Massachusetts recognizes the strong emotional bond and positive impact a stepparent can have on a child. As such, a stepparent can petition the court for custody and visitation rights.
The judge will consider several factors like how long the individual has acted as a parent and if separating the child from them would create instability. The court’s primary concern is basing its decision on the best interest of the child. This means they must demonstrate that they have been an active participant in the child’s emotional and physical development. If a stepparent can prove that they provide for the physical and emotional needs of a child, they will be considered a de facto parent. In Massachusetts, a parent can appoint another individual as a child’s caregiver concerning the child’s upbringing including education and healthcare, so long as they reside in the same home. However, they cannot overrule an authorizing parent’s decision regarding the child, they can only act as a de-facto parent when the authorizing parent is unavailable.
Is a Stepparent Liable for Child Support?
In most cases, a stepparent is not required to pay child support for their former spouse’s children from a prior relationship. Nevertheless, there are circumstances in which the court may require a stepparent to pay child support. If a stepparent adopts their stepchildren, they will obtain parental rights. As such, they will be liable for child support. In addition, if the children’s custodial parents are unable to financially support their children and a stepparent has the financial means to provide for the child to give them a better life, you could be ordered to pay child support. Besides these circumstances, following a divorce, a stepparent has no legal obligation to provide child support for their stepchildren.
At The Law Offices of Cynthia L. Hanley, P.C., we understand how stressful an uncertain future can be and we are prepared to fight for you. Connect with our dedicated legal team today to learn how we can advocate for you during this difficult time.