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STEPPARENTS AND THE LEGAL SYSTEM

© Judi Chapman

In modern times, many changes have been made to protect the rights of the family, but surprisingly little attention has been paid to stepparents. The number of children living in stepfamilies continues to increase, while little legal concern is shown for the rights and concerns of the family members.

As things stand now, the stepparent is considered a legal stranger, with no rights or obligations to the children. The children themselves grow close to an adult who, in many cases, is unable to sign a school slip for permission to go on a field trip, nor has the right to get medical attention for the children. If the stepfamily is broken by divorce, the stepparent isn't required to support the children. Inheritance is a problem, too, unless terms are spelled out specifically in the stepparent's will.

A major study on this topic was done by Mary Ann Mason, an Associate Professor in the School of Social Welfare at Berkeley, and David W. Simon, a law clerk in Wisconsin. For a look at a summary of their findings and recommendations, visit The Hazy World of the Stepparent.

Mason and Simon's main suggestion is that governments should treat stepparents "as de facto parents, with all the rights and responsibilities of natural parents." Although stepparents would have to support the children they live with, custody payments for noncustodial children would be cut accordingly, ensuring that a parent isn't paying twice. Although some stepparents wouldn't like the responsibility of legally caring for the stepchildren, many would welcome the rights that would go along with the change.

Mason gave an example of a man who had raised his two stepchildren from infancy, but he wasn't given custody when his wife died. The children were 9 and 10 years old and barely knew their biological father, but he was automatically given legal custody. Stepparents whose marriages have failed often file suit for custody or visitation rights, Mason said, but "they don't have the legal standing to bring such a case."

In the case of divorce, most states allow for visitation rights by grandparents. Stepparents and stepgrandparents are considered "legal strangers" unless the children have been adopted, and there often are difficulties in setting up visits. The way to avoid that problem is to set up the rights during divorce discussions. The rights usually automatically include the stepgrandparents.

The web page The Duty of Stepparents to Support Their Stepchildren offers a long and detailed consideration of the legal rights and obligations of stepparents. The author, Laura W. Morgan, states that "twenty states now have statutes imposing a duty on stepparents to support their stepchildren," but even they aren't as strict as the obligations for biological parents. In general, the stepparent is not under any requirement to support the stepchildren. If the children are living with the stepparent and cared for by that person, the law may regard him or her as placed "in loco parentis," which requires parental care and support. Morgan points out, however, that if the parent and stepparent divorce, there is no longer any duty of the stepparent to support the stepchildren unless it is contracted.