Due to the rising rate
of divorce, single parents, same-sex relationships and
the role of adoption, the family of today looks much
different than in the past. This trend has caused
legislators all over the country to review their family
law to ensure the rights of children are protected. A
recent study stated that as many as one third of all
children today can expect to be stepchildren by the age
of 18.
A stepparent adoption is desirable when a child
resides with a biological parent who has married someone
who is not the child's biological parent, but who wants
to adopt the child. Frequently, stepparent adoptions
occur with the consent of both biological parents.
Sometimes, however, stepparent adoptions are complicated
and are the subject of intense litigation requiring an
involuntary termination of parental rights. Whether
consensual or not, our law firm can provide you with
representation in any North Carolina stepparent adoption
case.
Stepparents may have the right to sue a custodial
parent for partial custody or visitation of the
custodial parent's minor children. This generally occurs
when the stepparent and custodial parent have resided
together and assumed the joint role of supporting and
caring for the custodial parent's minor children. If the
custodial parent denies access to the stepchildren, a
stepparent can file a complaint for partial custody or
visitation. In limited circumstances, if the
stepparent's spouse was the custodial parent and dies,
the stepparent may be able to be awarded primary custody
of the custodial parent's minor children even if there
is a surviving biological parent or other blood
relatives.
A stepparent may obtain visitation if the court finds
that it would be in the child's best interests. If a
protective order, either enjoining a person from
specific acts of abuse or an exclusion order has been
granted, the court must consider whether best interests
requires that visitation be denied. A court will take
into consideration:
- The degree of
significant participation in the life of the child,
including length of time stepparent may have stood
in as the de facto parent;
- The existence of
an emotional relationship between the stepparent and
stepchild
- The degree of
financial assistance provided by the stepparent;
- Detriment to the
child if visitation is denied.
When seeking
visitation, a third party must show reasons to
overcome the parent's prima facie right to
uninterrupted custody. However, the reasons need not
be as convincing as in a child custody case. In a
custody case, the third party must convince the
court that it is in the child's best interest to
take custody from a parent and award it to a third
party. In a visitation case, the third party need
only convince the court that it is in the child's
best interest to give some time to the third party.
As the amount of time requested moves the visit
further from a visit and closer to custody, the
reasons offered in support of the request must
become correspondingly more convincing.
In North Carolina, the stepparent is not required to
continue the support after a divorce without a
formalized agreement. Contributions of a third party
may be used to support a deviation from the North
Carolina Child Support Guidelines. This generally
places a higher burden on the payee to prove the
actual expenses as well as how much contribution is
being made by the step-parent, but it is feasible.
Generally, however, a stepparent is not under an
obligation to provide support for a minor child from
a spouse's previous marriage. |
