Step-Children and Divorce

Because many people today are seeking divorces, the number of marriages which include children from previous marriages is going up. It is no longer unusual for children to have parental relationships with people who are not biologically related to them. Many children now grow up with a parent who is not related to them, in addition to having a relationship with their biological, non-custodial parent.

But what happens if the new family breaks up, too? For example, let’s say there are two divorcees: the man has two sons and the woman has two daughters. The man and the woman get married, and their new, amalgamated family includes two daughters and two sons. But, after several years, the man and the woman decide they no longer love each other, and they get a divorce. Where do the children go?

In most cases, the children stay in the custody of their biological parent. It is very rare for the non-biological parent to get custody of the children. If the non-biological parent also adopted those children, he or she may have a better chance of getting custody, but this is not always the case.

However, while it’s unlikely that you could win custody of children who are not biologically yours, you can petition the court to grant you visitation, so that you can maintain your relationship with them. If you can prove that you have a parental relationship with the children, you may be able to obtain visitation. Additionally, if you fear for the children’s safety, you can petition for custody. If you are able to prove that there is a serious threat to the children’s well-being, you may be able to obtain custody.

Contact Us

If you or someone you love is going through a divorce which involves step-children, contact the West Palm Beach divorce lawyers of Eric N. Klein & Associates, P.A., by calling 561-353-2800.