Blended Families and Divorce in California: Child Custody and Child Support

Blended families experiencing a divorce can face unique challenges when it comes to child custody and support. All the factors normally considered, such as custody arrangements and who pays child support, may not be as straightforward as they seem in standard divorce cases due to the fact that stepparents do not share the same legal responsibilities as biological parents.

At Bickford Blado & Botros, we want to break down some of the important points when it comes to child custody and support for stepparents. You need answers from how courts view your relationship with your stepchildren to who’s responsible for child support.

Navigating Custody in Blended Families

Where the kids go and who gets to see them is usually at the heart of most divorce cases, and in California, custody decisions are based on what’s in the interest of the child. That might sound simple enough, but if you’re a stepparent, the situation can get a little complicated.

No matter how close you are with your stepchild, California law does not automatically provide you with parental rights. Even if you did most of the parental heavy lifting, such as taking them to school, helping with homework, or playing referee during sibling squabbles, the legal system is just not on your side.

If you’re a stepparent and you’re the primary caretaker of the child, the courts will take your role into consideration, but unless you’ve adopted your stepchild, you won’t have the same say as their biological parents. Working with an attorney can help clarify your options.

Stepparents and Child Support Obligations

In a blended family, things can get a little tricky when it comes to financial support. As a stepparent, you’ve probably already been paying for a lot of things, like school supplies, sports equipment, and even putting away some money for your stepchild’s college tuition, but even if you want to pay child support to make sure your kiddo is taken care of, the law may not want you to.

Taking care of the costs when it comes to raising a child is the responsibility of their biological parents, even if you’re the primary breadwinner in your blended household. This situation may make you uncomfortable about the child’s future.

Adoption: A Path to Legal Parental Rights

The only real way to make sure you have a say in the life of your stepchild is to complete the legal process to adopt them. In California, you can legally adopt your spouse’s child, which can shield you from heartache later on if you separate. In order to adopt your stepchild, you will need to get both of their biological parents to agree to the adoption.

Through adoption, you’ll gain full legal custody rights, including decision-making power in the child’s life, like education, healthcare, and overall well-being. Adoption gives you the legal authority to be the advocate the child needs.

If you adopt your stepchild, one of the child’s biological parents could lose their rights to the child, depending on the particulars of the case. This can create turmoil within the family, not only for the biological parent but for the child. Stepparent adoption may result in the termination of a biological parent’s rights, which can lead to legal and emotional complexities for all involved.

How Courts Determine Custody and Support in Blended Families

California courts look at a number of things when they’re making custody and child support decisions for blended families. These include the child’s relationship with each parent and stepparent, the child’s age and needs, the ability of the parents to co-parent, and, the child’s interests.

In the case of custody, the biological parent’s rights will always be given priority, but courts also want to avoid disrupting the child’s primary relationships, so in cases where a stepparent is very involved, they often try to find a solution that works for everyone. For child support, the court looks at the incomes of both parents, but unless you’ve legally adopted your stepchild, the stepparent’s income is usually not directly included in the calculation of support.

FAQs

Q: Can a Stepparent Have Visitation Rights in California if They Are Not the Biological Parent?

A: Yes. In cases where the stepparent developed a close and ongoing relationship with the child, they may be given visitation rights. However, this is not automatic, and both biological parents must generally agree to the visitation. If the parents disagree, the stepparent can petition the court, but the court needs to find that the visitation is in the child’s interest.

Q: How Can a Stepparent Challenge a Custody Arrangement in California?

A: A stepparent can challenge a custody arrangement in California by filing a petition for custody in court. They must first show a significant and positive relationship with the child as courts prioritize the rights of biological parents. Stepparents are generally only granted custody if the biological parent is unavailable or unfit.

Q: Does Child Support Change if a Stepparent Earns More Than the Biological Parent?

A: In California, a stepparent’s income is typically not factored into the child support calculation. If the biological parent’s financial situation is improved by their marriage to a higher-earning stepparent, the court might consider the new household’s income when establishing support. The court’s main focus will always be the child’s well-being.

Q: Can a Biological Parent Terminate a Stepparent’s Involvement in Child Support or Custody?

A: Yes. This typically happens if the stepparent no longer plays a significant role in the child’s life or if circumstances change, like a divorce. If a stepparent has legal standing through adoption or has established themselves as the primary caregiver, the biological parent could face challenges in completely terminating the stepparent’s rights or responsibilities.

Solutions for Your Blended Family

Adoption is a wonderful option that allows you to start a family and place a child in a loving and stable home. You need to be familiar with the adoption process in California, from determining the right adoption to home studies and finalization. All phases demand diligence and detailed legal knowledge so you don’t experience delays or surprises.

At Bickford Blado & Botros, we want to be there for adoptive parents throughout the adoption process, offering care and advocacy. If you are just getting started in the adoption process or need advice on how to get started, we have family law attorneys who can guide you. Contact us today to set up an appointment and get on the path to confidently and safely building your family.

 

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