Do Stepparents’ Have Rights in Oregon?

As common as divorce and remarriage are, the topic of stepparents comes up often in cases that involve children. More specifically, questions about stepparents’ rights and responsibilities frequently arise.

< p> Stepparents often form deep emotional bonds with children who aren’t biologically theirs. Losing these bonds can be devastating. Children face similar trauma, having developed a connection with an adult even though they may not be related by blood.

Unfortunately, this happens all too frequently.

Stepparents and Child Custody

In most cases, ending a marriage with the children’s parent usually means ending the relationship with the kids. That’s the unfortunate reality in most cases. The situation does change slightly if you adopted the child as your own, but still, it’s a tough row to hoe.

When deciding on custody, the courts put the best interests of the child above other concerns.

Unless there are extenuating circumstances, that usually means keeping the kids with the biological parent.

Continuing Relationships

Just because you get a divorce doesn’t necessarily mean stepparents can’t maintain a relationship with the children. Again, this depends on the particular situation, especially the people involved and the nature of the relationship.

There are two common potential avenues:

• Visitation: Visitation is frequently the most realistic way to continue a relationship with a stepchild after divorce.
• Custody: Custody does remain an option, but is not often a realistic one for stepparents.

Seeking custody of a child is difficult for anyone, especially if you’re not a biological parent. This includes stepparents, grandparents, and other extended family members. For this to happen, the court generally requires sufficient justification that they’re protecting the child’s health and well-being.

Related Reading: Finding the Best Child Custody Lawyer

Difference Between Custody and Visitation

With these two options, it’s important to understand the difference between custody and visitation. They’re very different, and the court considers many factors when deciding each.

Legal custody means that the guardian—usually a biological parent—has the right to make decisions for the child. These decisions cover all aspects of the child’s life. This includes where the child goes to school, which doctors they see, what religion they practice, and everything else. If it involves maintaining a child’s well-being, it’s the guardian’s responsibility.

Legal visitation, on the other hand, means the court grants the noncustodial parent permission to spend time with the child. This can be either supervised or unsupervised, depending on the case. Visitation gives access to the child but doesn’t grant decision-making authority, as custody does.

Again, when making decisions about a child, courts use the child’s best interests as a baseline. This includes decisions about both custody and visitation.

In cases of biological parents, in most situations, the court views keeping both parents a part of the child’s life as in their best interests. Exceptions include cases of abuse or neglect, drug use, or when the child’s safety may be in question.

Stepparents’ Rights

When making custody and visitation decisions, the court considers many factors. They account for established relationships, the potential benefits or drawbacks of a continuing relationship, any history of abuse, and the fitness of the people involved. This applies to biological parents and stepparents.

A continuing relationship can benefit both you and a child. Stepparents invest time, love, energy, and financial resources into building stable, caring bonds with stepchildren. These relationships matter to everyone involved. When faced with divorce, the potential loss of this connection can be devastating. To both parent and child.

Odds are, the courts will leave the decision of whether the child can see you to the custodial parent. If you’re antagonistic and can’t communicate without fighting, that doesn’t bode well.

If you have questions about your rights as a stepparent and the potential to remain in your stepchild’s life, it’s probably in your best interest to speak to an experienced custody lawyer. They can address the specifics of your situation, give you an idea of your options, and tell you whether or not you even have a case.

Related Reading: Oregon Custody: Parenting Evaluations