Step Parent Rights

California Step Parent Information:

This article was written for the Temecula Valley News and has been reproduced for this website.

Dear Famularo & Associates:

My husband and I are getting divorced after ten years of marriage. We have one child of our own and my husband has two children from a prior marriage. My step-children do not see their real mother and haven't since we've been married. They are 14 and 16 years old, both girls. I am very close to the girls and I would like to have custody of them along with our other child. I need some information as to how to obtain custody. Will the Court make such an order if it's appropriate? My husband is a drinker and he is not all that reliable. The girls would rather stay with me. I've never filed for adoption of them but I have raised these girls as my own. Are there any step-parent rights?

--J. T. in Temecula

Dear J.T.

It is unfortunate to hear that you and your husband are getting a divorce. Although your request for custody of your two step-children is unusual, it is indeed possible to obtain. The court in making a custody and visitation order must look to what is in the best interests of the children. However, since the children are not biologically yours, the divorce court does not have power ("jurisdication") to award custody of the children to you This does not mean to say you cannot obtain custody; simply that you cannot do so in the divorce case. You need to file a guardianship action in Riverside County to obtain custody of the girls. Since they are both age 12 or older, they need to nominate you as their guardian by signing a court form indicating they wish to live with you.  Since the children's father must agree to the adoption of the children, the only way you can obtain custody is through a formal guardianship action. Once you obtain custody of the children, you will also be entitled to child support from both their father and their mother. Both parents have an on-going obligation to support their children, and the court will order them to contribute financially for their support.

In order to obtain custody through a guardianship action, you must show that the children are better off with you, submit to a criminal background check, and submit to an inspection of your home. If the court deems that a guardianship is necessary and that you are the best person to raise the children, it will then establish a guardianship that will last until the children reach the age of eighteen years. Once you obtain custody, you will then have all the powers and all the obligations toward the children as if you were their biological parent. It will be up to you to ensure the children's health, welfare, and safety needs are met.

--Famularo & Associates