You do not need to include stepchildren in your will. But if you want to take care of your stepchildren, you need to name them in your will. As a step-parent, you do not automatically have legal parental responsibility for your son-in-law. This means that you do not legally approve medical care, do not apply for a passport, do not sign school forms, etc. In the event of a real emergency, when your son-in-law needs life-saving emergency medical care, most hospitals treat the child without the consent of the natural parents. Laws on in-laws and post-divorce visits vary from state to state. In troxel v. Granville, the U.S. Supreme Court has upheld parents` rights to custody, custody and control of their children, meaning parents have the right to decide who has access to their children.
This gives in-laws very little recourse. The Family Educational Rights and Privacy Act (FERPA) states that parents or a person acting as a parent in the absence of a parent or guardian have the right to view and review their child`s school records. This wording has been interpreted to include stepparents if the child lives at least temporarily with the step-parent and the biological parent. However, it is always a good idea for the child`s parent to sign a consent form with the son-in-law`s school, which explicitly allows the step-parent to pick them up and access school records. The signature of the other biological parent is not required. In the legal world, guardianship of a child refers to a person who cares for a child who is not the child`s biological parent. It therefore seems that a step-parent party meets the definition of a guardian. Unfortunately, while you may love your spouse`s children and take care of them as if they were your own, that doesn`t mean you have a legal right over them. However, if you feel that the child`s other biological parent is not caring for them or is unable to care for them, you may be able to apply for legal guardianship or adoption.
Remember that without taking the right steps now, you may not have any rights in the future. When you become the guardian, you assume the same responsibilities as a biological parent. They must provide for the child`s financial needs, education, medical decisions and more. You will likely have to prove in court that the biological parents are somehow unfit. One of the reasons the court may recognize is that a step-parent is not automatically the legal guardian of their stepchildren. A child`s rights remain with both biological parents after separation or divorce and are transferred to a step-parent only after legal proceedings and in extreme circumstances. As a step-parent, you do not have the power to make legal decisions for your son-in-law unless you have taken legal action to obtain this right. A step-parent can become a guardian by obtaining court-ordered guardianship for a stepchild.
There is an exception for emergency medical situations where you may be asked to consent to a procedure if none of your step-son`s biological parents are available. In addition, a legal guardian is present only until the child has reached a legal age at which guardianship is no longer necessary. This is usually at the age of 18. In-laws do not automatically have the right to consent to medical treatment for their stepchildren. This can affect something as mundane as a step-son who falls and needs stitches while the legal parent is traveling and cannot be reached. Mixed families are becoming more common in the United States, and many in-laws are wondering what their legal rights and obligations are to their stepchildren. Although many in-laws are closely involved in the daily lives of their stepchildren and form affectionate bonds with them, the legal rights of in-laws are very weak. Family law varies greatly from state to state, but many in-laws do not have the legal means to care for their stepchildren if the children`s biological parents are unavailable, deceased, or in conflict with the in-laws. Becoming a guardian for your son-in-law can be a way to change your legal status regarding his or her care. If you want to have all the legal rights over your son-in-law, you must either adopt the child or be appointed as their legal guardian.
However, if the other biological parent does not consent to the adoption, has died, has left the child, or if the child`s parental rights should be terminated (for example, in cases of abuse or neglect), it is unlikely that the court will grant such a request. We know that the modern family unit is very different from the days of our parents and grandparents. It welcomes new family members, friends who become family and new parent-child relationships. While the emotional bond between a child and a step-parent can be strong, the legal ties can be a little more fragile. This may cause many NEPA families to question whether in-laws are considered guardians. If you think you need to have guardianship of your stepchildren or talk to a lawyer about your rights as a step-parent, you will need Kalinoski Law Offices, PC. Under the Family Right to Education and Protection of Privacy Act (FERPA), parents have the right to access and review their child`s school records. Under FERPA, the term “parent” is interpreted to include a step-parent because it is a “person acting as a parent in the absence of a parent or guardian,” as long as the step-parent lives at least partially with the step-son. Danielle Smyth is a writer and content marketer from upstate New York.
She holds a Master of Science in Publishing from Pace University. His experience includes years of work in the fields of insurance, workers` compensation, disability and background research. She has written on legal issues for a number of other clients. She has her own content marketing agency, Words Creative Content Marketing, and enjoys writing legal articles and blogs for clients in related industries. If your partner dies, you do not automatically get parental responsibility from your son-in-law. Parental responsibility is transferred to the surviving biological parent of your son-in-law. In-laws can also apply to become temporary guardian of their stepchildren in an emergency, when a legal parent has a medical emergency or travels outside the country for long periods of time. Whether or not you are close to your stepchildren when they spend time with you, you owe them a duty of care, as you would any visiting child, or as a babysitter or nanny would.
However, many in-laws try to establish closer personal and legal relationships with their stepchildren. Apart from this duty of care, what laws govern your relationship with your stepchildren? As a step-parent, you can obtain parental responsibility for your son-in-law through a parenting order or adoption. Being a step-parent can become a complicated issue when legal questions arise about the child in question. In some cases, you may want to apply for legal guardianship. It is important that you hire a Bryan family law lawyer to do this. The court will not be inclined to approve an application for guardianship for a son-in-law unless the applicant can make a strong case. Remember that Texas courts always consider the best interests of the child to be their top priority. You should consider hiring a family law attorney in Texas to represent you. Call Peterson Law Group today at 979-703-7014 or 936-337-4681.