Complete the form below to ask us a question or make an enquiry. We’ll get back to you via phone or email as soon as possible.

Insights

Your Rights as a Step-Parent After a Divorce

Posted on 20th June 2018 in Family Law

Your Rights as a Step-Parent After a Divorce

If you’re a recently divorced step-parent and are wondering what rights you have in regard to seeing your step-children, there’s a number of things you need to know. Here, we take a look at what happens after a divorce, what measures a step-parent can take in order to gain access to a step-child, and whether there any financial obligations that need to be met.

A legal definition of ‘step-parent’

In order to work out what legal rights and responsibilities are shouldered by step-parents after a divorce, we first need to develop a working definition of what legally constitutes a step-parent. In the UK, step-parents are individuals who have married one of the biological parents of a child. Marriage is a legal prerequisite for step-parent status. Simply having lived with a biological parent for a substantial amount of time is not sufficient in itself. Though an individual may have assumed a traditional parental role for a child that’s not biologically theirs, it’s not until they marry that they become a step-parent.

Rights after the relationship ends

When a relationship ends, a step-parent may have questions over what their rights and responsibilities are to their step-children. What happens after a divorce can depend on whether the step-parent acquired parental responsibility for the child during the relationship. Parental responsibility is granted in one of three ways:

  • By agreement with all other individuals who already have parental responsibility
  • By adopting the child
  • By going through the courts and obtaining a court order.

Parental responsibility gives individuals the legal right to make decisions regarding a child’s welfare, including decisions relating to medical, accommodation, and educational factors.

If a step-parent divorces the child’s biological parent, they have no automatic legal right to see the child. The only exception to this rule is if they have officially adopted the child. Though having acquired parental responsibility while in a relationship with the biological parent won’t change this, it may have a positive impact on proceedings if you decide to seek a court order that allows you to see the child.

Mediation

Before it goes to court, the biological parent and the step-parent are required to go through a mediation process, in an attempt to resolve the issue through constructive discourse. If an agreement is still not reached, the step-parent can seek the intervention of the courts.

Child Arrangements Order

For step-parents hoping to continue their relationship with their step-child, the most useful legal tool is a Child Arrangements Order. These orders determine where the child lives and with whom they spend their time. A variety of factors come into play when step-parents apply for a Child Arrangements Order, and the official in charge will take all relevant circumstances into account before making a decision.

Financial responsibilities

When it comes to a step-parent’s financial obligation to their step-child after a divorce, there are a few things to remember. First, the Child Maintenance Service can’t require a step-parent to pay maintenance for a step-child. However, if the step-child was raised as if it were part of a new family – consisting of the step-parent, biological parent, and any children – the courts could determine that the step-parent needs to cover some costs. In such a case, they may ask the step-parent to make monthly maintenance payments, provide them with a place to live, or cover certain living costs.

Conclusion

In most scenarios, a step-parent won’t automatically be entitled to see their step-children if they divorce the biological parent. However, through face-to-face discussions, mediation, or a Child Arrangements Order, it is possible to gain access to your step-child. Step-parents also need to be aware that they may have certain financial obligations to their step-children after a divorce.

If you require any further information, then please do not hesitate to contact our experienced team of family law solicitors in Exeter on 01392 207020.

Company & Industry

Related Insights

Insights

NO MORE Week – Raising Awareness of Domestic Abuse and Sexual Violence

Posted on 07th March 2024 in Family Law

Domestic abuse covers a range of types of abuse, including, but not limited to, physical, psychological, sexual, financial and emotional abuse. It is defined as any incident of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members.

Posted by

Sophie Charlton-Rigg

Paralegal
Insights

How Arbitration Can Help You Resolve Your Family Dispute Without Going to Court

Posted on 09th February 2024 in Family Law

The Family Court is under immense pressure. The number of court applications, including issues relating to finances on divorce or separation of an unmarried couple and arrangements for children are rising each year. Cases are taking longer to conclude and very often experiencing delays in listing hearings and, as is happening more frequently, hearings are being moved or even cancelled at short notice due to judicial unavailability.

Posted by

Aimee Aspinall

Associate & Solicitor