A stepparent’s rights and responsibilities never trump those of a biological parent.
When marrying an individual who already has children, you may have mixed feelings. You may be excited to have a “ready-made” family and eager to form an emotional bond with the children, but you may also be apprehensive about the financial ramifications of growing your family so much so quickly. Knowing a bit about how the California Family Code treats stepparent rights and responsibilities may help put your mind at ease.
You Are Not Required to Support Your Stepchildren
First and foremost, it is important to understand that just because a child gains a stepparent it does not mean they lose a biological parent. The biological parents are still the ones responsible for the financial support and care of the child, and a new marriage does not relieve anyone of their responsibility to pay child support. Furthermore, if you eventually get divorced from your new spouse, you will not have to pay child support for the care of your former stepchildren.
Your Income Can Affect Your Spouse’s Support Payments
A new marriage has the potential to change the amount of child support that may be required. This could happen if your new spouse’s standard of living is greatly improved and they no longer have to spend so much of their income on their living expenses. If the parent is paying child support twigs to this change, they can petition the court for a child support modification, arguing that their former spouse now needs less support because they have more of their own assets free to cover the children’s expenses. If your spouse is the one paying support, their payments could increase if the other parent makes a similar argument.
Custody Cannot Be Granted to a Stepparent in a Divorce
If you are divorcing your spouse but would like to maintain custody of their children, a divorce court can’t help you. Instead, you would need to file a guardianship action. You would have to prove that it is in the children’s best interests to stay with you rather than with either of their biological parents. If the children are old enough, they can support your case by telling the court they want to live with you. If you are awarded guardianship, you will have all the legal rights of a parent and both biological parents will have to pay you child support.
Stepparents Can Get Visitation Rights
California law recognizes that the loss of any close emotional bond with a family member can be detrimental to a child. Grandparents and stepparents can both seek visitation rights that will enable them to continue a relationship with a child even under changing family circumstances.
Need Help?
If you are a stepparent needing help navigating a family law issue, Kendall & Gkikas can help. We have ample experience in all areas of family law including divorce, child custody, child support, and visitation, and we can help you seek the legal agreements that will best support the well-being of the kids in your life.
