In many blended families, stepparents have become essential figures in their stepchildren’s lives. This can make divorce difficult, especially if they have a strong bond. Ending the relationship might be the best decision for you and your spouse, but it is a whole different matter when it comes to your relationship with your children.
Staying in your stepchild’s life is a possibility after divorce. Here are some options stepparents can explore:
Stepparents can adopt their stepchild
You can choose to formalize your parental role to a stepchild through adoption. In Alabama, both the spouse and the other birth parent usually need to give consent, and the child must have lived with the stepparent for a year.
However, only the spouse’s consent may be necessary if the other parent’s rights were terminated due to abandonment or unfitness. The child’s consent is also required if the child is 14 or older.
Once you have adopted your stepchild, you have the same rights and responsibilities as a birth parent. And if divorce happens, both parents have the right to claim:
- Joint legal custody
- Joint physical custody
- Sole legal custody
- Sole physical custody
- Visitation rights
Parents can agree about custody and visitation outside of court, mediated by attorneys and counselors. If they struggle with finding common ground, the court will decide based on the child’s best interests.
Stepparents can ask for visitation rights
Alabama has no specific laws granting stepparents automatic visitation rights. However, they can request visitation as an ‘interested third party.’ The court decides this on a case-by-case basis, considering factors like:
- The stepparent’s involvement in the child’s life
- Their role as a parent figure
- Their relationship with the child
- Any financial support provided to the child
While the court often respects the birth parent’s wishes, they also consider if denying the child time with their stepparent would harm their well-being. If you’ve been the primary caregiver – preparing meals, assisting with schoolwork, and serving as a trusted confidant – maintaining this loving and stable relationship may be in your stepchild’s best interest.
Stepparents have other options
Each family – each child – has different needs and situations. Even if you don’t have a formal connection to your former stepchild, you may still be someone they need in their life.
