Custody Rights of Stepparents in a Divorce
Divorce proceedings with children in the mix can be stressful for everyone. Working out custody plans and ways to navigate a new family dynamic is a daunting task. Even more daunting can be doing this when there are stepparents and stepchildren involved.
Stepparents who are amid a divorce often wonder about the limits and bounds of their rights to their stepchildren under the law. The reality is, each situation is different. In most cases where both biological parents of a child are involved in the child’s life, they will get priority over a stepparent. In these situations, there is no entitlement of custody to a stepparent in the eyes of the law. However, there are exceptions to this rule.
Exceptional Situations
The intention of the court in any situation is to rule within the child’s best interest. This means ensuring they are cared for in a safe and comfortable environment. In situations where one or both biological parents are absent or neglectful, and the stepparent is the primary caretaker, courts can grant custody to the stepparent. This may take intense litigation and supporting evidence, but it is possible for some cases.
An additional exception is if the stepparent adopted their stepchild before the divorce. This would grant them the full parental rights that biological parents are entitled to in the eyes of the law, permitting grounds to file for custody. This would also apply if the stepparent had legal guardianship of the child during the time of the divorce and could be beneficial in securing custody for a stepparent.
Psychological Parents
There are few cases in New Jersey where the court has found that someone not related to the child either biologically or legally has been granted legal rights. These situations apply to what is referred to as “psychological parents,” which include guardian figures, like stepparents, who have a deep connection with a child. Proving someone is a psychological parent can be very difficult, as there are multiple guidelines they must fit within. These include:
1. Consent of a Biological Parent
2. Living with the Child
3. Proof of Parental Care
4. Strong Bond with the Child
Proving a psychological parent is very difficult and must truly be in the best interest for the child. A psychological parent must have an intense connection to the child, so much so that removing them from this child would cause stress to their life.
How We Can Help
These situations are very difficult, as many times all three parents are involved in a child’s life. Unfortunately, New Jersey courts do not allow three people to have full parental rights. Although there are situations where three people may have responsibilities for the child and some parenting rights, there cannot be three legal parents. Understanding what your options are requires a skilled attorney.
At Kornitzer Family Law, our attorney, Robert Kornitzer, is an experienced matrimonial attorney who has represented people in many nuanced cases. At our firm, we help individuals and families work through these decisions with clear, practical guidance. Located in Paramus, New Jersey, we serve clients through Bergen and Passaic Counties, and all across New Jersey. We’re here to support you as you consider your options. If you think you’re ready to take the next step, call us today.
