Family law recognizes that the nature and structure of families are very different today than it was five decades ago, or even one decade ago. The role of a stepparent in the life of a minor child is part of these changes. A stepparent can develop a strong relationship with a stepchild. The problem occurs when the stepparent and parent end their relationship, and as such, what happens to the relationship with the stepchild? Does the stepparent have rights?
Rights and limits of those rights vary state by state. At Heritage Law Office, our stepparent rights attorney represents clients in Minnesota and helps them understand what their rights are as well as the limitations on those rights. In the end, it's our goal to do what's in the best interest of the child, which ultimately is about having strong relationships with everyone who cares about the child. Contact us through our online form or at 414-253-8500 to learn more about your rights as a stepparent in Minnesota today.
What Rights Do Stepparents Have in Minnesota?
Stepparent rights vary greatly from state to state. The disparities between the different jurisdictions render it impossible to provide a blanket definition of what rights a stepparent has. It is clear that stepparents, just by virtue of being a stepparent, are not conferred any legal status as a guardian and do not have the same right to make legal decisions for the child as a parent.
Stepparents and Visitation
In cases where the biological parent and the stepparent divorce, some states specifically allow stepparents to petition for visitation. Other states lack any laws addressing the right to visitation, and will rule on a case by case basis. All states, however, hold the best interest of the child paramount.
Troxel vs. Granville, 530 U.S. 57 (2000) is a major case that impacts the rights of stepparents and their ability to have visitation with their stepchildren. This case holds that parents have a right to limit visitation of their children with third persons. In other words, a stepparent does not have any rights if and when the biological parent objects. Instead, the biological parent has a fundamental and constitutional right to make decisions concerning the care, custody, and control of their children.
Parental Preference Rule
Many jurisdictions recognize the parental preference rule, which gives biological parents priority when determining child custody. In order for a non-biological parent to obtain custody, they must prove that the biological parent(s) is/are unfit.
Other Possible Rights
Many laws provide stepparents with other rights. For example, they may be given preference for placement in foster care in the event the child is removed from the homes of their biological parents. Again, to know what your rights are exactly, it's important to contact a stepparent rights attorney in Minnesota.
Stepparents and Adoption in Minnesota
It is possible for stepparents to adopt their stepchildren. In most jurisdictions, in order to adopt a stepchild, a stepparent must have the permission of their spouse and the child's other biological parent. The consent of the child's other biological parent is not necessary when their parental rights have been terminated by the court or the court considers them to have abandoned the child.
If the stepparent is successful in having the court approve the adoption, they are no longer considered to be a stepparent, but a legal parent with the same rights as a biological parent. These rights do not terminate if the former stepparent and the biological parent later divorce.
Contact a Family Law Lawyer for Stepparent Rights in Minnesota
If you are a stepparent and you have questions about your rights to your stepchildren, it is in your best interest to seek the advice of a family law attorney licensed in your state. They will know the laws of your jurisdiction and can explain how they affect your situation. Also, if you decide to pursue visitation or custody of your stepchildren, you will likely need their assistance to properly proceed with the process.
At Heritage Law Office, we advise stepparents wanting to learn more about their rights in Minnesota. Contact us using our online form or call us at 414-253-8500 to schedule a free consultation.
Frequently Asked Questions (FAQs)
1. What is the Parental Preference Rule?
The Parental Preference Rule is a legal principle recognized in many jurisdictions, including Minnesota, which gives biological parents priority when it comes to child custody matters. According to this rule, non-biological parents, such as stepparents, must demonstrate that the biological parents are unfit to gain custody.
2. How Does the Troxel vs. Granville Case Affect Stepparent Rights?
The landmark case of Troxel vs. Granville holds that biological parents have the constitutional right to make decisions concerning the care, custody, and control of their children. This means that if a biological parent objects to visitation by a stepparent, the court generally sides with the biological parent. The case serves as a significant precedent in family law and shapes the legal landscape for stepparent rights, particularly in Minnesota.
3. Can Stepparents Adopt Their Stepchildren?
Yes, it is legally possible for stepparents to adopt their stepchildren in most jurisdictions, including Minnesota. However, the process often requires the consent of the biological parent who is not married to the stepparent. In cases where the other biological parent's rights have been terminated or they are deemed to have abandoned the child, the stepparent may proceed with the adoption without their consent.
4. What Happens to Stepparent Rights After Divorce?
After a divorce, the legal rights of a stepparent can vary widely depending on state laws. Generally, stepparents do not have automatic rights to custody or visitation. In Minnesota, they may be able to petition for visitation rights, but the court's primary consideration will be the best interests of the child. It's crucial to consult a knowledgeable attorney for tailored advice on this complex issue.
5. What Are the Factors Considered in Granting Visitation to Stepparents?
Several factors are considered when a court in Minnesota evaluates whether to grant visitation rights to a stepparent. These factors often include the strength and duration of the relationship between the stepparent and the child, the child's emotional and physical well-being, and any potential impact on the child's relationship with their biological parents. Courts typically aim to make decisions that are in the child's best interests.
If you have any more questions about stepparent rights in Minnesota, it would be wise to seek professional legal advice. Contact Heritage Law Office using our online form or call us at 414-253-8500 to schedule a free consultation.
