Instances When Stepparents Can Be Awarded Custody Of Non-Biological Children
A biological connection is not always a defining marker when it comes to a relationship with a child. While biological parents have an undeniable connection, stepparents often develop fruitful relationships with their spouse's children. For this reason, in the event of a divorce, there are instances when a non-biological parent has child custody options.
Time in Marriage
How long an individual was married to the child's biological parent is often important, as well as how long the individual has played a parent role in the child's life.
Traditionally, the shorter the marriage or the relationship, the less likely the non-biological parent is to be awarded any form of custody. For instance, a person who was in the child's life for 10 years may have a better chance of gaining custody of a child than someone who has only been in the child's life for 2 years. An attorney will be able to tell you if you are in a good position to request custody or not.
Unfit Biological Parent
The court is always most concerned with the best interest of the child. For this reason, it does not matter if the parent is the biological one or not. If the parent is unfit, the court will likely not allow the individual to be granted custody of the child.
In these instances, if the non-biological parent requests custody and is fit, the court may award them their request. However, keep in mind that these arrangements are sometimes temporary, in that if the biological parent's situation improves, they may be awarded joint or primary custody in the future.
Biological Parent Desertion
Joint or shared custody may also be awarded if the other biological parent has deserted the child or is deceased. For example, a stepmother can request joint custody when the child's biological mother has passed away or is not an active part of the child's life.
However, the court will often require the child's approval for this type of scenario. When a child is of age, they do attempt to not put the child in an environment they do not want to be in. Additionally, a custody arrangement with the non-biological parent must also prove to be in the best interest of the child.
If you are in the midst of a separation or divorce with children who are not biologically your own, it is helpful for you to speak with an attorney to learn more about your custody options.
To learn more, contact a resource like Kenneth J. Molnar.