Though you may have never undergone the process of legally adopting your stepchild, it may not have mattered to you, as you may have still considered and treated them the same as you would have your biological child. But unfortunately, this legal detail may matter when it comes to discussing custody arrangements in your upcoming divorce proceedings with your stepchild’s biological parent. With that in mind, please follow along to find out whether a stepparent can request custody rights over a stepchild and how one of the proficient Somerset County child custody lawyers at the Law Offices of Kisha M. Hebbon, LLC can work to ensure that your stepchild is placed under the care of those who have their best interests at the top of their mind.
Under New Jersey family law, the court almost always has the biological parents take precedence in child custody matters. So, your stepchild may already be part of a custody arrangement with their two biological parents. And in your divorce with one of their biological parents, the court is unlikely to factor you into this already-established agreement.
This means that your former spouse may not be legally obligated to have your stepchild visit you from time to time, let alone stay under your care for periods at a time. In turn, your former spouse may not be legally obligated to consult with you on decisions regarding your stepchild’s education, healthcare, religious practices, etc.
While it may be a long shot, your best chance at obtaining some rights over your stepchild is to claim your psychological parent status. This is the legal recognition that you took on a significant parental role in your stepchild’s life. Therefore, your indefinite absence in their life may cause them great emotional and psychological suffering.
If you believe that one of your stepchild’s biological parents is unfit to care for them and their well-being, then you may have a stronger case for custody rights. However, in a case like this, you must understand that you may have to compete with other individuals who step forward to request these rights. Namely, a grandparent or any sibling of a child residing in the state of New Jersey may file a petition for visitation rights with the state’s superior court.
Here, the court will look at several factors to determine whether granting these rights would be in your stepchild’s best interest. Further, they may strongly consider whether this individual has, in the past, been a full-time caretaker over your stepchild, given one or both of their biological parents’ unfitness.
In conclusion, at this time, what matters most is that you retain strong legal representation to get you through this critical case. Please contact one of the talented Somerset County family lawyers from the Law Offices of Kisha M. Hebbon, LLC today.