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The family of today looks much different than in the past
when you consider the rising rate of divorce, single
parents, same-sex relationships, and the role of adoption.
This has caused legislators in all jurisdictions, including
the State of California, to review their family law to
ensure that the rights of children are protected. One recent
study suggested that as many as one third of all children
today can expect to be stepchildren by the age of 18. Given
this fact, the rights and responsibilities of stepparents
are beginning to be enhanced and expanded. California law is
starting to take into consideration the reality that many
others besides the birth parents are assuming responsibility
for the care and nurturing of minor children.
A stepparent is defined as a person who is a party to the
marriage that is subject of the proceeding, with respect to
the minor child of the other party to the marriage. Thus,
the venue for visitation
is within the stepparent and the parent's dissolution
action. The court may not order visitation which would
conflict with the right of custody or visitation of a birth
parent who is not a party to the proceeding.
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 so convincing as
in a 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.
Courts have been particularly willing to grant stepparent
visitation where the stepparent and natural parent were
guardians of the child, the natural parent died, the other
natural parent assumed custody, and the stepparent desired
to continue the relationship with the child. In this
instance, the continued relationship with the stepparent
serves as a stabilizing force in the transition from the
custody of one natural parent to the other natural parent.
If you have any questions about stepparents’ rights in the
state of California, please contact our attorneys today
online or call 1-800-221-9847.
Related Information
Visitation Rights
Child Custody
Grandparents’ Rights
Child Support
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