What Happens to a Stepchild When Their Biological Parent Dies?
The death of a parent or spouse is a traumatic situation for all parties involved. Rebuilding family dynamics after this can be tough, especially with stepparents involved. Many remarriages result in the blending of families, leading to strong bonds being formed between stepparents and stepchildren. They can become reliable parental figures, especially if the child is young or has grown up with them.
In situations where the biological parent of a child dies, leaving one stepparent and one biological parent remaining, it can be tough to understand who will care for the child primarily. In general, courts are partial to giving biological parents primary custody of their children over stepparents. This can be frustrating, especially if the child’s primary residence has been with the stepparent for most of their life. Stepparents may even be emotionally closer to the child than their biological parent.
Even in situations where courts must decide between a noncustodial biological parent and a stepparent, New Jersey courts have consistently prioritized the biological parent, as affirmed in Watkins v. Nelson (2000). This case affirmed the court’s preference for biological parent rights over third-party custody rights. Even in situations where the stepparent may be more involved in the child’s life, biological parents are preferred in the event of the death of a primary biological parent.
Can I Still Have Visitation Rights?
If the court decides you serve as a “psychological parent” to the child in question, which requires immense evidence to prove, the biological parent does not have the right to cease or deny you visitation of the child without the court’s approval. However, if the courts decide you have no claim for the child or do not meet psychological parent status, you may be denied visitation by the biological parent.
In extreme cases, where abuse at the hands of a biological parent can be proved, courts may be more likely to side with a stepparent, especially if it is in the child’s best interest. Alternatively, if the living biological parent is inactive and chooses to relinquish their parental rights, there may be an opening for a stepparent to be granted custody.
How Can We Help
If you are a stepparent looking to be awarded custody for your stepchild after the death of your spouse, the first step is to find the right legal counsel. The right counsel will give you clear and professional legal advice on what your options are. 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 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.
