Stepparent Rights In a Long Island, NY Divorce

In most situations, divorce on Long Island, NY is complicated – but it can become even more so when it involves stepparents and stepchildren. While the divorce is between you and your spouse, there’s no denying that the children are involved and affected. With that in mind, it is important to understand your rights and responsibilities as a stepparent and how they are impacted by your divorce.

Common Concerns in Stepfamily Divorce in New York

Family laws in every state, including New York, detail the rights and responsibilities of biological parents. But that is usually not the case for stepparents. For that reason, unless you have legally adopted your stepchild or become appointed as their legal guardian, you typically have minimal rights and responsibilities once the marriage to the children’s biological parent is terminated. This can be heartbreaking if you have been involved in your stepchildren’s lives for a significant period of time. You likely have thought of them, and cared for them as if they were your own biological children and the thought of not having any rights to be involved in their lives is hard to take.

Your Rights as a Stepparent on Long Island, NY

Ultimately, as you are going through a divorce, you will likely have questions and concerns about your status as a prominent figure in the lives of your stepchildren. In more amicable divorce situations, you might be granted visitation rights or be able to continue your relationship with your stepchildren in other ways. However, this is not a guarantee. In most cases, stepparents are expected to sever ties with their ex-partner’s children from a previous marriage once a divorce takes place.

This can be extremely challenging, as many stepparents form close bonds with their stepchildren, especially when they have been involved in their lives for many years. Because of that, it can be smart to consider adoption or legal guardianship while your marriage is still active to prevent the loss of these stepparent-stepchild relationships down the line.

FAQs About Stepparent Rights and Responsibilities on Long Island, New York

Do stepparents have to pay child support on Long Island, NY?

Typically, stepparents will not be obligated to pay child support for their spouse’s children during a Long Island, NY divorce in Nassau or Suffolk counties. That is not to say that it never happens – the court will typically consider the stepparent’s income and the effect that it will have on contributing to the children’s basic needs.

If you have adopted your stepchildren, then you will be personally liable for paying child support. Why? Because the child’s other parent (the former partner of your spouse) will have to dissolve their parental rights in order for the adoption to take place. If the child’s biological parent has terminated their parental rights for adoption, then the stepparent is the legal caregiver of the child and will be responsible for child support at a judge’s discretion.

Can stepparents get custody of children after a Long Island, NY divorce?

When it comes to gaining custody of your stepchild, New York’s laws can get relatively complex. There are many factors to consider, but generally speaking, New York state law does not grant stepparents custody rights.

However, if you have legally adopted your stepchild, you have the same rights and responsibilities as a biological parent. New York state laws do not see any differences between biological and adoptive parents. These rights and responsibilities include child support, physical custody, legal custody, and more.

What responsibilities do stepparents have during a Long Island, NY divorce?

The responsibilities of a stepparent depend on whether the stepparent has legally adopted their stepchild. In most cases, stepparents play an important role in their stepchildren’s lives. It is becoming increasingly common for stepparent visitation agreements to be incorporated into a Stipulation of Settlement upon the dissolution of a marriage. In terms of responsibilities, stepparents typically do not have any legal responsibilities to their stepchildren after a divorce.

When should stepparents seek legal counsel in a Long Island, NY divorce?

If you have questions or concerns about your role as a stepparent in a divorce, if you want to adopt or become a legal guardian of your stepchild, or if you believe you qualify for visitation rights, you should seek representation from a trusted family law attorney. These procedures require the assistance of a certified and experienced lawyer.

Choose Hornberger Verbitsky, P.C. When You Need Trusted Legal Advice for Your Long Island, NY Divorce

If you have questions about your rights and responsibilities as a stepparent in your divorce case, don’t hesitate to reach out to our team. We have experience working with many different types of modern families, and we can help you achieve a resolution that benefits everyone – including you, your children, and your stepchildren.

Contact us to learn more about your legal options or book a free initial consultation to discuss your case in detail. Call now at 631-923-1910 or complete our short contact form, and we’ll get in touch with you.