Legal Responsibilities of a Step-Parent
When parents
divorce, the legal rights to a child remain with the parents. Therefore, a step-parent,
who later enters into a relationship with a child's legal parent, has no legal
rights or responsibilities toward his or her stepchildren, since all major and
long-term decisions relating to a child remain with the parents.
In general, a
step-parent has the same legal obligation of any babysitter or other person who
assumes the responsibility of watching or caring for children. The legal
standard is that the step-parent is only required to act as any reasonable
person would in order to prevent the child(ren) from harm. In some rare situations,
a step-parent may obtain legal rights to a child from the court.
Does a Step-parent Have Rights?
Sometimes
relationships end, separating a step-parent from his or her stepchildren. Unfortunately,
this can sometime mean the end of the step-parent/step-child relationship.
Of course, an adult
step-child has the right to choose whether or not he or she will continue a
relationship with the step-parent, but a minor child's parents have
the right to choose who will spend time with the child(ren). A step-parent may request time with the child(ren), but the request may be denied.
What is a Legal Guardian?
A step-parent is
not a legal guardian. However, a step-parent may obtain legal rights and/or
legal guardianship if the biological parents are no longer able or willing to
care for the child(ren).
To qualify as a
legal guardian, an individual must be an adult, who has no conflict of interest
with the minor child(ren), and will serve the minor child(ren)'s best interest.
Pursuant to Georgia
law, courts may consider the following individuals, in order of preference:
(1) The adult who
is the preference of the minor (if the minor is 14 years of age or older);
(2) The nearest
adult relative of the minor;
(3) Other adult
relatives of the minor;
(4) Other adults
who are related to the minor by marriage;
(5) An adult who
was designated in writing by either of the minor's natural guardians in a
notarized document or document witnessed by two or more persons; or
(6) An adult who
has provided care or support for the minor or with whom the minor has lived.
Written by: Rebekah
Ann James