Can Stepparents Have Visitation Rights?

We live in an age of increasing numbers of blended families. Divorces and remarriages are common across the nation. Stepparents take on many of the duties and responsibilities encountered in the daily care of children in a blended family. But stepparents do not have the same legal rights and responsibilities as birth parents under Florida law. This means that a stepparent does not have a legal responsibility to pay child support. This also means that in most cases, a stepparent does not have a right to visitation when a relationship ends.

The only time a stepparent gains legal rights in Florida is when the stepparent legally adopts the child or children in question. Stepparent adoptions can be tricky, as they require the permission of both parents. Nonetheless, it is the only way to ensure the right to visitation if you and the child’s parent later divorce.

Understanding What is Involved in a Stepparent Adoption

Under Florida law, a stepparent is eligible to adopt as long as the stepparent can care for the child. The stepparent will often go through an interview process to help determine whether they will be an effective parent to the child.

A stepparent adoption begins with a petition brought by the stepparent before the family court. The stepparent’s spouse joins in the petition. The petition contains the name and age of the child, the length of time that the stepparent has lived with the child, and the reasons why the stepparent wants to adopt the child. The petition is filed and served on all interested parties, including the other parent. The child’s other parent has the opportunity to respond to and oppose the petition.

The other parent must either consent to the adoption or have his or her parental rights terminated. Termination of a parent's rights can occur:

• As a result of the parent surrendering their rights to the child;
• By parental abandonment of the child;
• Because the parent was declared incompetent;
• Because of the long-term incarceration of the parent; or
• If the parent fails to respond to the petition or appear in court.

If the child’s other parent has surrendered their rights to the child, and the court believes that the stepparent would be an effective parent, then the adoption will most likely be approved.

Stepparent Adoption Changes the Legal Relationship to the Child

Once an adoption is approved, the stepparent becomes the legal parent of the child. The stepparent takes on the duty to care for and support the child until the child reaches the age of majority. Likewise, if the stepparent and the spouse later divorce, a stepparent who has adopted the child has legal rights pertaining to the child. These rights include visitation.

Stepparent adoptions can be highly technical. All aspects of the termination of parental rights and the adoption must be handled correctly. If you are considering a stepparent adoption, you should speak to an experienced Daytona Beach stepparent adoption attorney.

Get Help from a Daytona Beach Adoption Attorney

Adoption can be an important step in developing a deeper relationship with a child whom you love. When you are considering a stepparent adoption, it is helpful to know how adoption will affect your life and the lives of those whom you love. A consultation with an experienced Daytona Beach adoption attorney at the Law Office of Jeffrey A. Klein can help. Call us at386-252-3061 or contact us online today for more information.