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Custody Law For Stepparents: Options & Processes Explained

Dec 19, 2018

Blended families are more common these days than you may realize; in fact, nearly 40 percent of marriages in the U.S. today consist of a blended family, meaning at least one parent brings in a child from another relationship.

Some stepparents decide to legally adopt their stepchildren, becoming just as valid of a parent in the eyes of the court as the biological parent is. If this is something you or your partner is interested in, our family law firm can help. Located in Tucker and serving clients throughout Atlanta, The Fairell Firm is dedicated to helping people understand Georgia child support laws , file for custody, adopt stepchildren, and get divorce help.

In today’s blog, we’ll discuss custody law for stepparents — what it means, what options you have, and what processes you can take for adoption. Read on to get your questions answered, and contact us today for help with family law in Atlanta.

What rights do stepparents have?

Either on a daily basis or after a divorce, a stepparent will have no rights to their stepchild if no adoption takes place.

Should you adopt your stepchild?

Family law decisions — like adopting a stepchild — should not be made lightly. Custody law can have a long-lasting impact on your future and on your family’s future.

Before you go through the process of adopting your stepchild, consider the following aspects of custody law:

    • This action cannot be reversed — even if you and the biological parent divorce.
  • In the event of divorce, you will owe child support just as if you were the biological parent.

After a stepparent adopts a stepchild, they are just like the child’s biological parent in the eyes of the law. It cannot be reversed and you’ll be fully responsible for the child.

If your stepchild views you as a biological parent or you’ve been in the child’s life for a long time, it could be a good idea to obtain legal custody through adoption. Another situation that could warrant adopting your stepchild could be if your spouse has a serious illness that might result in death; if you were to adopt your stepchild before this happened, then your stepchild wouldn’t go to the other biological parent.

Steps to Stepparent Adoption:

Here is the checklist before a stepparent can adopt their stepchild in Georgia:

    • Must be married – You can’t just live together or have been in a long-term relationship.
    • Surrender of parental rights – The other biological parent must surrender their parental rights. This must be voluntary and in writing. A custody attorney can help with the papers and forms. The biological parent is allowed a 10-day grace period to change their mind. If the whereabouts of the other biological parent is unknown, then the court has the authority to surrender the rights. A man may also surrender parental rights when a woman is pregnant with their child — if her current partner wants to adopt the child.
    • Spouse must consent – It can’t be a surprise for the biological parent. The spouse must fully consent to the adoption.
    • Child age 14+ must consent – Any child between the ages of 14 and 17 must consent to the adoption in court .
  • Home investigation – A report of whether the home is fit and suitable for the child will be submitted to the court.

Meet With A Family Law Firm In Atlanta

Whether you have more questions about stepparent adoption, Georgia child support laws , filing for custody , or more, let us help. Our family law firm helps clients throughout Tucker and Atlanta to find peace with family law. Contact us today.

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