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Marrying Someone with Kids

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

Categories:

Family Law (general)
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