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Families can be complicated, and a blended family can be even more so. Navigating legal implications of such a family can be frustrating and confusing, especially when it comes to divorce, and can exacerbate an already difficult and painful process. When step parents form a close relationship with their step child, they may want to maintain a relationship with them, even if divorce occurs. In these instances, contacting a lawyer can be helpful for navigating those confusing legal waters. If you or a loved one is a step parent in the process of divorce where a stepchild is involved, you can contact one of our experts at Colorado Divorce Law Group at (720) 593-6442 today. 

What Are Step Parents’ Rights? 

A step parent is an individual who marries into a family with a child from a previous relationship. In other words, the step parent is the child’s non biological parent. Despite there not being a blood relation, the parent-child relationship can still be incredibly strong. Despite this, under Colorado law, step parents do not hold the same rights as biological parents. For example, a step parent does not have automatic visitation rights under Colorado law and may find it more difficult to obtain custody of a step child. The Uniform Marriage and Divorce Act is a model that outlines many states’ laws on marriage and divorce and gives step parents some rights. 

Does a Step Parent Have Visitation Rights? 

Following a divorce, biological parents have automatic visitation rights. However, as a step parent, an individual is required to prove to the court that continued presence in the child’s life will have a positive impact and that the absence of the step parent would ultimately have a negative impact. If the court determines that the step parent has had a significant enough role in the step child’s life leading up to the divorce, they may grant the step parent visitation rights. For this, a step parent must petition the court to allow them visitation. When presenting your case, you may be asked to present the following: 

• Proof the step parent had prior participation in the step child’s life 
• Proof the step parent had prior financial contribution in the step child’s life 
• Proof the step parent had influence in the step child’s life 
• Proof the step parent took the place of a biological parent for a time 
• Proof of strong emotional ties between the step parent and the step child 
• Proof the removal of the step parent from the child’s life would have negative effects 

Can a Step Parent Get Custody of a Step Child? 

Custody battles can be difficult and frustrating on their own, but for a step parent, they can be even more so. It is rare that a court would give a step parent custody outside of exigent circumstances. Some such circumstances may include the following: 

• If the step parent alone has cared for the step child for more than six months. In other words, if neither of the biological parents have been present. 
• If the court determines neither of the biological parents are fit parents. 
• If neither of the biological parents are still alive. In other words, if one biological parent is deceased and the other passes during the divorce process. 
• If the step parent’s spouse dies during the divorce process and the other biological parent is absent and has not contributed to the child’s life preceding the divorce. 

Can a Step Parent Adopt a Step Child? 

Step parents and step children can become incredibly close and might feel like family, despite the absence of biological ties. While it is incredibly rare, there are cases where a step parent may be able to adopt their step child. If both biological parents are living and have an active role in the child’s life, such a scenario is unlikely. However, it is possible, if both biological parents are absent and have shirked their parental responsibilities (such as neglecting to pay child support), that a step parent may have grounds to adopt a step child. If such a situation (physical and financial absence) persists for a year, a step parent may be able to adopt. 

According to the Colorado Judicial Branch Website, the child in question must be under eighteen, and the step parent must be over twenty-one or have permission from the court to file for adoption. The website also details the circumstances where step parent adoption may be likely: 

• The court must terminate the parent-child relationship with the biological parent 
• The other biological parent must be deceased 
• The biological parent must have given up their legal rights as a parent 
• The other biological parent must have given consent to the adoption 

After meeting this criteria, additional background checks and paperwork will likely be required. If you are a step parent seeking to adopt, it may be helpful to contact a lawyer to assist you with this process. One of our attorneys at Colorado Divorce Law Group would be happy to answer any additional questions you may have. 

What if the Step Parent Adopted the Step Child During the Marriage? 

In some cases, a step parent may have already adopted their step child at some point during the marriage. This may happen if the other biological parent is either deceased, absent, or chooses to sign away their rights. In these circumstances, the step parent will have the same rights during the divorce as they would if they were a biological parent. They may be entitled to visitation, custody, and more. Ultimately, in these cases, custody and certain decision-making rights are still left up to the judge. 

Contact a Colorado Divorce Lawyer Today to Learn More About Your Legal Rights 

Divorce can be messy and painful, especially when there are children involved. The parent-child relationship is incredibly important and can have a massive effect on children’s lives. As a step parent, you may want to remain in contact with or perhaps even adopt your step child following a divorce. We want to help. Contact one of our expert attorneys at Colorado Divorce Law Group at (720) 593-6442 today to learn more about your legal rights.