As a stepparent, you can get custody of your stepchild if you divorce their parent. However, before the court can even allow you to claim for custody, you have to prove to the court that you have the legal standing (authority) to contest custody. Below are some of the factors that the court will consider when determining whether you have the legal standing to fight for your stepchild's custody.
The Extent of Participation in the Child's Life
The court will want to know how much you have been a part of the child's life. Ideally, you should be able to show that you have been participating in activities that are important to the child's welfare. Have you been attending parent-child dances? Do you help the child with their homework? Do you have shared hobbies with the child? These are some of the questions the court will seek answers to when determining how much you are involved in your stepchild's life.
Duration of Involvement
It is not just how much you have been involved in the child's life, it also matters how long this involvement has been ongoing. Ideally, you should have been involved in the child's life from the moment you became their stepparent. You are at a disadvantage if you only began to show interest in your stepchild's life when the custody issue arose.
Financial Support from the Step-Parent
Courts recognize the value of financial support that kids receive from their stepparents. Stepparents can pay school tuition for their kids, provide housing, pay for health insurance, and generally help their kids just like other parents do. A stepparent who has been providing financial support to their stepchild has a greater chance of getting their custody plea heard than a stepparent who has only been paying lip service to their stepchild's welfare.
Emotional Ties between the Parties
It is not just money that contributes to a child's welfare; socialization and emotional support also play a role in a child's development. Therefore, the court will examine the emotional attachment between you and the child to determine whether you should still be allowed in the child's life.
Potential Detriments of a Denial
Lastly, you may need the assistance of a child professional to determine whether the child might suffer if they kept from you. Don't forget that the main issue here is the child's welfare. Therefore, the court will want to avoid any suffering that the child might endure if you don't get their custody.
Contact a family law attorney for more help.
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