Stepparents often grow incredibly close with their stepchildren. Particularly when they do not have children of their own or when their children bond with their stepchildren, stepparents may expect to have a lifelong relationship with their stepchildren.
The younger the children are when the stepparent marries the parent and the longer the marriage lasts, the closer the connection may be between the stepparent and the stepchild. Unfortunately, a deep connection between stepparent and stepchild does not always translate to a healthy and satisfactory marital relationship.
Stepparents may find themselves facing divorce and might worry about losing their relationships with their stepchildren because their marriage ends. Is it ever possible for a stepparent to secure shared custody rights if they divorce the parent of their stepchild?
Stepparents can act as de facto parents
Typically, adults need to have a biological or legal relationship with a child to pursue custody rights in family court. They either need to have their name on the child’s birth certificate or legally adopt the child to request shared custody.
However, the state does recognize that people may sometimes act as de facto parents without having that official relationship. A stepparent who has not adopted their stepchild can potentially secure custody rights by asserting that they have acted as a de facto parent.
Proof of their close connection with the child and their long-term financial support of the child can help support their claim that they have acted as a de facto parent. Should the courts agree that the stepparent has served as a de facto parent, they may give the stepparent the option of pursuing shared custody in a divorce scenario.
Provided that it is in the best interests of the child, a stepparent can obtain parenting time and decision-making authority. They can preserve the relationship they have with their stepchild and continue to play an active role in their life even though the relationship with the child’s parent may have ended.
Securing custody rights as a stepparent can be complex but may be a worthwhile undertaking for those who have come to love their stepchildren. Seeking legal guidance can help parents and stepparents obtain the best outcome in a divorce scenario.
