Obtaining legal guardianship of your stepchild can provide closer legal ties. Sometimes you might have to challenge a biological parent's fitness. SCATJ Guardianship Frequently Asked Questions Guardianship in South Carolina Frequently Asked Questions from a Caregiver or Potential Guardian WARNING: You are strongly encouraged to seek the advice of an attorney in any legal matter. Legal guardianship can be granted for a short length of time (a few weeks or months) or more permanently until a minor child turns 18. If parents are deemed unfit, a petition for guardianship can be granted to best suit the interests of the child. General Step Parents Rights However, state law on custody can influence this issue. We can guide you through each step of the guardianship process, from filing the petition with the court to arranging the hearing to obtain the legal guardianship. The judge may even request a private meeting with the child. Being a stepparent can become a complicated matter when legal issues regarding the child in question arise. A legal guardianship is a temporary caregiving situation for a child. Next they must determine that you are the best person to serve as that guardian. You may then need to seek guardianship so you can make decisions for your stepchild. Standby guardian of minor: “A parent or guardian, as principal, may designate a standby guardian of a minor in accordance with the provisions of sections 45a- 624 to 45a-624g, inclusive. Child guardianship of a stepchild I'm the step mom to my husbands daughter, and I wanted to know how I can get legal guardianship over my stepdaughter? The age at which this is a requirement can vary widely between states, so parents should ask a family law professional about their region’s adoption laws. As a stepparent, you have no legal relationship with your step-little-one. Some states also offer parents the option to delegate certain parental powers, like making medical or education-related decisions, to a stepparent via a power of attorney. A stepparent may have not only rights with respect to a stepchild, as described above, but obligations, as well. We are not a law firm, or a substitute for an attorney or law firm. A Guardian has the legal authority to take care of the child as if he/she were the child’s parent until the child turns 18 years of age. There are two major ways for a stepparent to gain additional legal rights: adopting the stepchild or becoming the stepchild's legal guardian. This aspect of ID Guardianship law states that the court can end a guardianship if the Idaho guardian fails to provide adequate care. You'll also be required to pay a filing fee. That person is designated as a “guardian.” The guardian holds all the rights to the “ward” – physical custody, legal custody, everything. Privacy Policy. The process for obtaining legal rights and responsibilities for stepchildren can vary greatly by location. If the stepchild’s biological parent goes out of town for work or is in the military and deployed, the stepparent can’t make important decisions on behalf of their stepchild—even it is as simple as signing a permission form to go on a school field trip. When a parent chooses to place their child in a legal guardianship, it’s to ensure the child receives necessary care that the legal parent can’t provide at the moment — but intends to after a certain period of time. If a biological parent wants to remain in the child's life, they have a legal right to do so. A guardian may be assigned by a probate court when an adult becomes incapacitated or is otherwise unable to make important decisions on their own. Use of our products and services are governed by our In emergency situations, you may not have the authority necessary to make a decision on behalf of your stepchild. Once you've completed the form, you need to file it with the same clerk where you picked up the form. In some cases you may wish to seek legal guardianship. As far as the law is concerned, you have no authority over them. The court will also require you to attach any other documentation the court would find relevant. Terms of Use and TalkingParents blogs are for informational purposes only and should not be construed as legal advice. A guardian is responsible for the child’s wellbeing, including: 1. nurturing the child’s physical, mental and emotional development 2. making sure they have food, clothing and shelter 3. consenting to their medical care 4. receiving their health or educational information 5. receiving and responding to their legal notices 6. dealing with their legal matters 7. appointing someone to act as their guardian – in an emergency – if you can’t be there A guardian is required to make important decisions for the child, including: 1. the lang… Go to the clerk's office of your local courthouse and ask for the form to file for a guardianship of a minor, usually called a Petition for Guardianship. You can get parental responsibility for your stepchild through a parenting order or adoption. The clerk will assign a judge to your case and will schedule a hearing where you, your spouse, the biological parent, and possibly your stepchild attend. It allows parents to name a caregiver and to give the caregiver certain legal rights regarding the care of the child(ren). A guardian does not receive any parental rights and is simply appointed to care for the ward and the ward's finances. The custody rights of your stepchild depend on what’s in your stepchild’s best interests. Am I a step-parent? Obtaining Guardianship of a Stepchild. All legal parents of a child are required to support that child. Since you are married and the stepparent supervised/ held custody of the child for a reasonable amount of time, this criterion should be satisfied. If the judge agrees with your petition and you have provided sufficient evidence that you should be the guardian, the judge will issue a guardianship order. Legal issues regarding guardianship can get complicated quickly, especially if your situation also features problems related to child custody. This can be complicated. As a guardian of your stepchild, you would have the same responsibilities as the biological parents. Obtaining legal guardianship of a child in Texas, for example, requires several essential legal steps. For starters, the concept of ‘guardianship’ is such that a person appointed by a court of law to have ‘custody’ of someone known as a “ward” of the court. Step parents legal rights over a child that is not theirs biologically depends on the legal proceeding and the biological parents involvement. This is known as a joint claim. Because stepparents are not legal parents, the law generally does not require them to support their stepchildren. But if you feel that the individual is unfit as a parent, you can challenge them in court. Stepparents often pursue legal guardianship of stepchildren because of the authority it provides them. If you move forward without an attorney, it may negatively affect your legal … When you complete the form, make sure you are entering accurate and truthful information. Your stepchild's biological parents would still be responsible for providing financial support and would retain legal … Legal Guardianship. When guardianship of a child is established, the child's parents maintain their parental rights. We're available Mon-Fri 5 a.m. to 7 p.m. PT and weekends 7 a.m. to 4 p.m. PT. In general, step parents have no legal rights over a non-biological child unless they have legal custody. But you can change that by assuming legal guardianship. A court will not usually grant guardianship to someone unless one or both biological parents are unable or unwilling to care for their child. A legal guardianship differs from stepparent adoption in that it does not sever the legal ties between children and their biological parents. Below is an outline for how stepparent adoption and legal guardianship work generally in Canada, but local family law practitioners should always be consulted for information about the particulars in your region. Always consult with a qualified attorney regarding legal matters. An Idaho guardianship—according to ID guardianship law—may be terminated if/when the child no longer needs a guardianship or the guardian is no longer able to care for the child. It can also prolong the process, perhaps leaving your parent in a dangerous living situation while the attorneys argue. Stepparent Adoption © LegalZoom.com, Inc. All rights reserved. There are exceptions to this general rule, however. If your family is feuding, emotions run high and can turn ugly. If he consents, great - you can do it. If a stepchild is hurt, and a quick medical decision is necessary, the stepparent has no legal authority to make that decision. Custody only refers to a minor child, while guardianship can be of a child or an adult. The court must first determine your parent does need a guardian or conservator. As our parents age, our roles often reverse. Thank you for subscribing to our newsletter! Guardianship of … Then you send a copy of the form to the biological parent. Some states also have options for parents to delegate parental powers to a stepparent through a power of attorney. Stepparents often pursue legal guardianship of stepchildren because of the authority it provides them. |, What to expect when adopting your stepchild. By following the steps below, you can petition for guardianship on your own. It only makes sense that you maintain legal authority to make decisions on their behalf as well. Your stepchild may be sent to live with biological relatives, and you may not be able to gain any visitation rights. SupportGuidelines.com: The Duty of Stepparents to Support Their Stepchildren, Frascona, Joiner, Goodman and Greenstein, P.C: Legal Rights of Stepparents, FreeAdvice: Rights of a Stepparent in Making Legal Decisions for Stepchild, Encyclopedia of Children and Childhood in History and Society: Stepparents in the United States, American Bar Association: Family Law in the 50 States, FamilyEducation.com: Stepparent Adoption -- Other Options. Courts can still approve situations in which the parents do not provide their consent. When someone gets custody of a child, they obtain parental or grandparental rights. A permanent guardianship remains effective until your stepchild reaches age 18. A step-parent adoption can be done, but to do that the rights of the child's biological father must be terminated. As a stepparent, you have no legal rights over your stepchild. If you are dealing with a situation that has issues regarding child custody and legal guardianship, it is in your best interests to contact an experienced child custody lawyer . The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law. Only the natural parent(s) or legal guardian(s) can consent. However, you can also speak with a family law professional too. When a stepparent is made the legal guardian of a stepchild, both biological parents will still keep all their financial and legal responsibilities regarding the … This can include visitation all the way up through full custody and adoption. To discuss your individual circumstances and your options for establishing guardianship in Pennsylvania, please contact Bierly & Rabuck to … As a step-parent, you don’t automatically have legal parental responsibility for your stepchild. Legal Guardianship. Guardianship differs from custody in several ways. Get the right guidance with an attorney by your side. Extended Family: Either parent can sign an authorization for a stepparent, grandparent, or another person to have a copy of the child’s records or discuss the records with someone at the practice. © 2012-2020 Monitored Communications, LLC. Once this is determined, the stepparent can apply to the court to continue a relationship with the child on various levels. The content is not legal advice. In emergency situations, you may not have the authority necessary to make a decision on behalf of your stepchild. Legal guardianship is one of the options available to parents who are planning for the care of their children in their absence due to a variety of situations, such as illness or incarceration. Guardianship is the possession by a non-parent of the powers, rights, and duties which are necessary to protect, manage and care for a child. The guardian is usually the next of kin (a spouse or an adult child) or other loved one, and in many cases there are no major issues or arguments in establishing a guardianship. Unlike stepparent adoption, a legal guardianship doesn’t legally sever the ties between biological parents and their children. Attorneys with you, every step of the way. You already provide emotional and possibly financial support for your stepchild. You can make an application with someone else. But you can change that by assuming legal guardianship. You would have the same responsibilities as a parent for your stepchild's care, allowing you to make medical decisions and schooling arrangements. Courts always prefer a biological relative when determining guardianship of a child. Unless you adopt (or are named guardian in advance), the court will be appointed guardian in such a circumstance. 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