(Published in the Winter/Fall of 2008 Newsletter)
If you have a stepchild, that child is not legally your child. This affects areas including inheritance rights, custody rights, and the ability to obtain school or medical records, to name a few.
Only natural parents have legal custody of their children. For example, if you're a stepfather, even though your stepchild may live in your house, only the natural father and mother have legal rights to make decisions on behalf of the child.
Furthermore, if the mother should die, the natural father, not the stepfather, will be first in line to be named as the child's guardian, no matter how strong of a parental relationship the daughter develops with her stepfather. The stepfather could still become the guardian; nevertheless, if all other factors are equal, that responsibility will be granted to the natural father. The same dynamic holds true in a divorce or separation, when a stepfather seeks custody of his stepchild.
Would having a Will help?
Absolutely. If, in the above example, stepfather and mother have not executed Wills naming each other as trustees for the child, and mother dies, then any inheritance due to the child would likely be given to the natural parent, to be held in trust for the child's benefit. (However, the stepparent would receive any spousal share.)
What if I adopt my stepchild?
If you adopt your stepchild, all parental rights of the natural parent will be terminated, and you will become that child's parent in every legal sense. However, the natural parent can contest such an adoption. -- Josh Bodene
If you have any questions about stepparent custody rights or adoption, or need a will to address issues involving custody, contact us today.
Menges & McLaughlin, P.C.
www.YourLawFirmForLife.com
NOTE: The contents of this Newsletter are not intended to be, nor should they be taken as, specific legal advice as each situation is different. Please contact a lawyer with any questions you may have.
The Family Law attorneys at Menges & McLaughlin, P.C. can help. Contact us now by calling, toll free, 1-866-464-5297.
