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The rights of stepparents

Rights of stepparents

What are the rights of stepparents? 

Even if a stepparent has been heavily involved in a child’s upbringing and contributes financially for the child, they do not automatically acquire any legal rights or obligations towards their stepchild, even if they are married to or in a civil partnership with the child’s biological parent. This includes having no legal say in relation to the child’s schooling, medical treatment, religious upbringing, or other big decisions in the child’s life.

Who is a stepparent?

A stepparent is a person who is married to or in a civil partnership with one of a child’s biological or adoptive parents, but is not the child’s biological or adoptive parent themselves. This can include both stepmothers and stepfathers.

Cohabiting with a child’s parent does not legally make someone a stepparent.

It is estimated that 1 in 3 families in the UK are blended families, and they are one of the fastest growing family types in Britain. A blended family is formed when a couple moves in together, bringing a child or children from previous relationships into one home.

What is the role of a stepparent?

Stepparents generally provide support rather than replace a biological parent. The role of a stepparent is multifaceted, requiring a balance of support, patience, and respect for existing familial ties.

What is nacho parenting?

Nacho parenting is a parenting approach used in blended families, where a stepparent intentionally takes a “hands off” approach from decision making and disciplining a child, leaving the task to the biological parent. The term is a play on the expression “not your kids”; hence “nacho kids”.

The idea behind nacho parenting is not to act like a parent to a partner’s child, but to build a more relaxed and less stressful relationship between the stepparent and stepchild. Some stepparents may choose to be more involved than others.

Nacho parenting helps stepparents navigate their relationships with stepchildren without overstepping boundaries and avoiding conflict.

Stepparents and parental responsibility

A stepparent can obtain legal rights by obtaining parental responsibility. This can be done with the agreement of all other persons with parental responsibility, or by a court order.

What does parental responsibility mean?

Parental responsibility is a legal concept that refers to the rights, duties, powers, and responsibilities that a parent has in relation to their child and their property. In simpler terms, parental responsibility means the big decisions that need to be made about a child’s upbringing and welfare, such as deciding on a child’s education, medical treatment, and religious upbringing.

A parent with parental responsibility also has the right to make legal decisions on behalf of the child,

In day-to-day matters, a person with parental responsibility must also look after the child’s emotional well-being, and protect, maintain, and provide a home for the child.

How can stepparents acquire parental responsibility?

A stepparent can obtain parental responsibility either through a Parental Responsibility Agreement with the child’s birth parents which is approved by the Court, or by applying for a Court Order.

To enter into a parental responsibility agreement, you must be connected to the child. The following individuals can enter into a parental responsibility agreement:

  • An unmarried father can make an agreement with the child’s mother.
  • A married stepparent (in both opposite-sex and same-sex couples) can enter into a stepparent parental responsibility agreement with the parent or parents who already have parental responsibility.
  • A stepparent in a civil partnership can make an agreement with the parent who already has parental responsibility.
  • A second female parent can make an agreement.

It is important to note that more than 2 people can have parental responsibility for the same child.

A stepparent can also obtain parental responsibility if they have a Child Arrangements Order naming them as the person with whom the child lives. Once obtained, the stepparent shares parental responsibility with the child’s birth parents.

What is a Child Arrangements Order?

A Child Arrangements Order is a court order that specifies where a child will live, who the child will have contact with, and how long they will spend time with each parent. It can also set out other types of contact such as through phone calls, video calls, cards, and letters etc.

This order is used in cases where parents are unable to agree on arrangements for their child following a separation or divorce. This order replaces previous terms like ‘residence orders’ and ‘contact orders ‘.

What is a Lives With Order?

A Lives With order is a Child Arrangements Order that determines which parent the child will reside with, and is responsible for their day-to-day care.

How long does a Child Arrangements Order last?

A Child Arrangements Order usually lasts until a child reaches 16 years of age unless the order specifies otherwise. In exceptional circumstances, the order may be extended to last until the child is 18 years old. These may include a risk of harm, abuse, or a vulnerable child.

Any extension of a Child Arrangements Order beyond 16 must be in the best interest of the child.

Either parent can apply to vary a Child Arrangements order before it expires if the arrangements are no longer working or if there are significant changes relating to the child.

Does a Child Arrangements Order grant parental responsibility?

The primary purpose of a Child Arrangements Order is to regulate living arrangements and contact with the child, rather than to grant parental responsibility.

Accordingly, if a person is granted a Child Arrangements Order that specifies a child is to live with them, parental responsibility will also be granted only for the duration of the order.

If the order is for the child to spend time with a person, rather than live with them, it does not grant parental responsibility.

If an order states that a child is to live with a parent who does not already have parental responsibility (for example a stepparent), that person will acquire it as a result of the order.

What rights do stepparents have rights after separation or divorce?

If a stepparent and biological parent separate, the stepparent has no automatic right to continue seeing the child (unless they have parental responsibility) in which case they can apply for a Child Arrangements Order.

What happens to a stepchild if their biological parent dies?

Stepparents generally do not have automatic legal rights in relation to their stepchildren in the event of a biological parent dying. If a biological parent dies, the care of their child would typically go to the surviving biological parent if they have parental responsibility.

If the stepparent has obtained parental responsibility through a Parental Responsibility Agreement, court order, or adoption, they may continue to have a legal role in the child’s life.

If the deceased parent appointed the stepparent as a guardian in their will, this could provide strong evidence in court proceedings if the stepparent seeks to acquire parental responsibility after the parent’s death.

Stepparents who wish to secure their relationship with the stepchild following the death of a biological parent may consider:

  • Applying for Parental Responsibility.
  • If the stepparent has lived with the stepchild for at least three years, they can apply for a Child Arrangements Order, which includes a “live with” order.
  • Adopting the child (with consent from the remaining biological parent).

It is important to take specialist legal advice to ascertain rights following a separation, divorce or death.

 

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