When you meet someone who has children, you may become a family unit over time, especially following your marriage. Embarking on the journey of becoming a stepparent may not be something you had initially anticipated, but you may find it incredibly rewarding as your bond with your stepchild continues to grow. As such, you may wonder if stepparents have any rights regarding custody in New Jersey. If this reflects your circumstances, the following blog explores what you should know, as well as the importance of working with Morris County family lawyers to discuss your options.
Are Stepparents Granted Custodial Rights Over Their Spouse’s Child?
Though you may have been in your stepchild’s life for years, it’s important to understand that you have no legal rights over the child unless you legally adopt them. This means you are generally unable to make decisions regarding their education, healthcare, or other important legal matters on their behalf.
Without adopting the child, you may find that they are limited in their inheritance of your property or social security benefits in the event you should pass away. In addition, if your spouse passes away, you have no legal grounds to prevent their other biological parent from taking the child away from you. This can be incredibly upsetting for many.
However, you are eligible to include your stepchild on your health insurance and claim them as a dependent for tax purposes.
How Can a Stepparent Adopt a Stepchild?
Unfortunately, you’ll find that adopting a stepchild can be difficult. In general, you’ll need the child’s other biological parent to relinquish their parental rights over the child, or the court must find that consent is not needed because the parent does not have a relationship with the child. In many instances, getting consent from the other parent can be hard, as many parents are not keen to relinquish their legal rights over a child.
Should the other parent consent or the court order that their approval is not necessary, you may proceed with the adoption process. This entails the consent of both parents, the consent of the child if they are over the age of 10, and they must be cleared by the Division of Child Protection and Permanency. In some instances, the court may also conduct a home study before approving the adoption.
If you are interested in adopting your stepchild, it’s imperative to discuss your options with an experienced attorney at the Leslie Law Firm, LLC. We understand that this can be a confusing and emotional matter, which is why we will do everything in our power to help you and your family in the fight for the best possible outcome for your circumstances. When you need assistance, do not hesitate to contact our firm today to discuss your circumstances with a member of our dedicated team.
