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What Are the Legal Rights of a Stepparent in NJ?
Many stepparents wish to continue a relationship with their stepchildren following their split from the biological parent. A stepparent often takes on the same roles and responsibilities as biological parents. However, their legal and financial obligations are usually unclear following a separation. Please continue reading to learn the limitations of a stepparent’s legal rights in New Jersey and why connecting with a determined Ocean County Child Custody Attorney is in your best interest when seeking to preserve your relationship with your stepkids after a divorce.
Do Stepparents Have Any Legal Rights Over Their Stepchildren in NJ?
In New Jersey, stepparents have limited legal rights when it comes to their stepkids. Generally, they are not entitled to make any legal decisions regarding the child’s care, education, or medical treatment unless they have formally adopted the child or have been granted guardianship by the court. It’s important to keep in mind the court typically prefers blood relatives to the child’s guardian.
Stepparents can usually seek visitation if they can demonstrate a positive relationship with their stepchildren and that granting visitation would improve their overall well-being. New Jersey family courts recognize the strong emotional bond between a stepparent and stepkids. That said, if stepparents can prove that they provide for the physical and emotional needs of a child, the court can consider awarding visitation. Under exceptional circumstances, a stepparent may be able to seek custody if cutting off the relationship would be akin to the absence of a parent. In addition, if biological parents are unfit or abuse has occurred, a stepparent may be able to petition for custody.
Is a Stepparent Liable for Child Support?
A stepparent may voluntarily take on a financial support role for a stepchild. However, this relationship can end if the stepparent divorces the child’s biological parent. New Jersey courts don’t have a statutory requirement imposing a duty of support on a stepparent for their spouse’s children from a prior relationship. Stepparents are generally not obligated to pay child support for their stepchildren because they have no parental rights. Nevertheless, there are some exceptions. For instance, if a stepparent formally adopts their stepchild, they will be obligated to pay child support because they will assume full responsibility for the child.
At the Law Office of Sarina Gianna, LLC we understand how overwhelming an uncertain future can be. If you are a stepparent facing a divorce and have questions regarding your rights to your stepchildren, please don’t hesitate to contact a trusted Ocean County family law attorney who can advocate for you during these tough times and fight for the best possible outcome. Connect with our firm today to learn more about what we can do for you.