Due to the rising rate of divorce, single parents, same-sex
relationships and the role of adoption, the family of today
looks much different than in the past. This trend has caused
legislators all over the country to review their family law
to ensure the rights of children are protected. A recent
study stated that as many as one third of all children today
can expect to be stepchildren by the age of 18.
A stepparent adoption is desirable when a child resides
with a biological parent who has married someone who is not
the child's biological parent, but who wants to adopt the
child. Frequently, stepparent adoptions occur with the
consent of both biological parents. Sometimes, however,
stepparent adoptions are complicated and are the subject of
intense litigation requiring an involuntary termination of
parental rights. Whether consensual or not, our law firm can
provide you with representation in any North Carolina
stepparent adoption case.
Stepparents may have the right to sue a custodial parent
for partial custody or visitation of the custodial parent's
minor children. This generally occurs when the stepparent
and custodial parent have resided together and assumed the
joint role of supporting and caring for the custodial
parent's minor children. If the custodial parent denies
access to the stepchildren, a stepparent can file a
complaint for partial custody or visitation. In limited
circumstances, if the stepparent's spouse was the custodial
parent and dies, the stepparent may be able to be awarded
primary custody of the custodial parent's minor children
even if there is a surviving biological parent or other
blood relatives.
A stepparent may obtain visitation if the court finds
that it would be in the child's best interests. If a
protective order, either enjoining a person from specific
acts of abuse or an exclusion order has been granted, the
court must consider whether best interests requires that
visitation be denied. A court will take into consideration:
- The degree of significant participation in the life of
the child, including length of time stepparent may have
stood in as the de facto parent;
- The existence of an emotional relationship between the
stepparent and stepchild
- The degree of financial assistance provided by the
stepparent;
- Detriment to the child if visitation is denied.
When seeking visitation, a third party must show reasons
to overcome the parent's prima facie right to uninterrupted
custody. However, the reasons need not be as convincing as
in a child custody case. In a custody case, the third party
must convince the court that it is in the child's best
interest to take custody from a parent and award it to a
third party. In a visitation case, the third party need only
convince the court that it is in the child's best interest
to give some time to the third party. As the amount of time
requested moves the visit further from a visit and closer to
custody, the reasons offered in support of the request must
become correspondingly more convincing.
In North Carolina, the stepparent is not required to
continue the support after a divorce without a formalized
agreement. Contributions of a third party may be used to
support a deviation from the North Carolina Child Support
Guidelines. This generally places a higher burden on the
payee to prove the actual expenses as well as how much
contribution is being made by the step-parent, but it is
feasible. Generally, however, a stepparent is not under an
obligation to provide support for a minor child from a
spouse's previous marriage.
