Divorce has the unfortunate side effect of forcing the whole family to adapt to a new dynamic. Even with legal protections for parenting time and visiting rights, children and parents’ relationships may be damaged and their time together reduced. As divorce rates rise and step-parents play an increasingly important part in children’s lives, a step-parent may question what rights they may have if they split from a child’s biological parent.
Distinctions Between Custody, Parenting Time, and Visitation
Under Indiana law, physical and legal custody of a child is two distinct facets of the same issue. Legal custody refers to who is responsible for crucial decisions about a child’s development, such as religion, education, and medical care, until adulthood. The word “physical custody” refers to a child’s location.
When a married couple with children divorces, one parent often retains primary physical custody while the other parent obtains parenting time, including overnight visits. Because parental rights are founded on physical and parental custody, they are inextricably linked. On the other hand, visitation is just a period when a non-family person spends time with a child without being related to the child.
Child Support Requirements
Child support for a stepchild is unusual unless the kid was adopted before the divorce. Step-parents are obliged to pay child support in certain states, but not Indiana. If, however, you accept to act as the child’s parent, you may be compelled to pay child support.
Your ex-spouse may be unable to financially support you and your child after your divorce. You may need to intervene and aid the child in obtaining the care necessary to live under these conditions.
Third-Party and De Facto Custody
According to the most recent United States Census statistics, many young children are being raised by third parties, which begs whether third-party custody is permissible under Indiana law.
The burden of evidence is on the third party to demonstrate that putting the child with a third party, rather than the natural parent, in a third-party custody proceeding serves the child’s best interests. In the great majority of cases, third parties are grandparents. Since 1991, when 4.7 million children in the United States lived with at least one grandparent, the number of children living with at least one grandparent has increased by 64%.
Due to parents’ fundamental right to control and possess their children, grandparents are not entitled to third-party custody simply for being grandparents. Grandparents may be permitted time with their grandchildren under the Indiana Grandparent Visitation Act (IGVA). On the other hand, the Act requires that grandparent visits be restricted and infrequent. Third-party visitation rights are unique to grandparents’ visitation rights.
Under present Indiana law, which is in transition, only parents and step-parents are often permitted visiting privileges. According to the Indiana Court of Appeals, a former domestic partner is also entitled to visitation rights.
Third-party custody rights may be obtained if children are left with relatives or other third parties for an indefinite amount of time. Even if visitation is granted, this third party has the legal right to seek custody. Third-party custody is referred to in law cases as the “Hendrickson test” or “de facto custody.”
There is a presumption that the child will be raised by their natural parents in all circumstances. Persuasive evidence must be shown to the trial court before a child may be put in the care of someone other than their biological parent. The potential of a third party to provide the child with more possibilities in life does not negate the natural parent’s assumption.
Because Indiana law no longer recognizes third-party visitation rights, a parent who loses custody of their kid has no legal right to contact them. It’s important to understand that even if a natural or step-parent seeks and secures child custody, past caregivers will not automatically be awarded visitation rights, even if they have a deep bond with the child. Additionally, physical possession of the children must be provided to these third parties to maintain their connection with them.
Nonetheless, under the current idea of all-or-nothing custody, third-party custody may be imposed on any third person whose emotions have become so entwined that altering custody would be detrimental to the child physically or mentally, or if the third party is a de facto caregiver (which is defined by statute). A parent may need to leave their children with a de facto caregiver to work or attend school. Despite the demographic trends indicated above, family law is under tremendous administrative, legislative, and judicial pressure, resulting in a change in the law soon.
Contact an Indianapolis family law attorney if you want to improve your chances of getting a fair settlement. Negotiations may be facilitated by your lawyer, who may assist you in presenting a compelling case in your favor.
FAQs
What are step-parents’ rights?
For step-parents to have legal rights over a child who isn’t their own, the legal process and the involvement of the original parents are essential. There are no legal rights for step-parents to a child who isn’t their own.
Do step-parents have legal rights once a marriage ends?
There are many situations where step-parents don’t get custody of their kids after a divorce, but this is not the case in most. Stepchildren’s parents have the right to decide whether they want you to be a part of their lives, and you can’t force them. On the other hand, step-parents may ask the court for custody or visitation of their child.
In Indiana, how do fathers’ rights get taken care of?
In Indiana, men who want to protect their parental rights need to ensure that they are the father. A paternity affidavit or an addendum can be used in Indiana to show that a child is the child of the person who signed it.
Is a step-parent part of the “immediate family?”
Yes. The immediate family members include step-parent, parent, child, grandparent, grandchild, sister, brother, including a stepsister or stepbrother.