Step parents are not the biological parents of a child but are married/partnered with the child’s biological parent. Moreover, they must treat children as family members in their own lives. Section 4 of the Family Law Act 1975 states this definition. These parents may be referred to as step fathers, step mothers, or foster parents.
The step-parent may or may not legally adopt the step-children. However, they play a significant role in their upbringing and daily lives. Step parent relationships are recognised in Australia just like standard forms of relationships. However, the legal rights and responsibilities of a step parent vary depending on the state or territory they live in.
Parental Responsibility
Parental responsibility refers to the legal rights and obligations of a parent in relation to their child. It includes making decisions about a child’s upbringing, such as where they live, their education, and their medical treatment. Moreover, a person with this responsibility should provide protection and security for the child’s welfare.
In most countries, including Australia, both biological parents have equal parental responsibility unless a court order alters this. In the case of step parents, they may obtain parental responsibility through adoption or by obtaining a court order. The family court may issue a parenting order or a consent order as an alternative to adoption. A parenting order may deal with:
- Who the child will live with
- How much time the child will spend with each parent and with other people. This includes grandparents, aunts, uncles, a blended family, or relevant people from either partner’s previous relationships.
- The allocation of parental responsibility
- How the child will communicate with a parent they do not live with or other people
- Any other aspect of the care, welfare or development of the child.
Adoption results in a family structure that courts permit when parenting orders are inadequate to protect a child’s well-being. If a step parent adopts their partner’s child, they have the same parenting responsibility as the child’s other biological parent. This includes all the obligations, rights, and privileges that parents are legally granted with regard to their own children. Step parents are eligible to adopt if they:
- Are married to the child’s biological parent
- Have been in a de facto relationship with the child’s biological parent for two or more years.
Can a Step Parent Get Visitation Rights?
Step-parents do not have automatic legal rights to visit their partner’s children. However, they can apply for court-ordered visitation rights if they have a close relationship with their step-child. The court must also determine if the visit is in the best interests of the child. Furthermore, the court will consider:
- The views of all parties involved
- How each biological family and/or parent treated the child concerned
- Biological and step parent
- The child’s relationship with extended or blended families
- Age of the child
- Family traditions
- Any other relevant factors that fall under the best interests of the child
Step parents are eligible for visitation rights. Although the specifics of how they are granted depends on the circumstances. Their ability to obtain visitation is restricted if they divorce the child’s biological parent before a parenting order is made. However, they may still work out a visitation schedule with the parent if they are on good terms.
Who Will Pay Child Support?
Step parents are not usually required to pay child support or child maintenance. These two types of financial support for children are often used interchangeably, however, they have differences. Child support is used for children under 18, while child maintenance is used for children over 18. The Child Support Agency (CSA) in Australia uses a method to calculate child support. The method includes the:
- Income of both parents
- Amount of time the child spends with each parent
- Other pertinent considerations
FAQs About Being a Stepparent
1. Can a Stepparent Be a Legal Guardian for Their Child?
A: Yes. In NSW, step parents may apply for legal guardianship at the NSW Supreme Court or at the Guardianship Tribunal. The majority, if not all states, have similar legislation. However, the tribunal cannot issue an order for children under 16. Only parenting and adoption orders may allow step parents to gain legal guardianship for children under 16.
The Tribunal will evaluate the requirements and circumstances of children aged 16 years old or older if an order should be imposed. A Will may also contain provisions for a step parent to become a legal guardian. The biological parent must put their partner (the step parent) as the legal guardian of his/her child in a Will.
2. Can a Step Parent Access a Child’s Health Information?
A: Parents and/or step parents do not have an automatic right to access the health information of a child under their care. However, in certain circumstances, they may be able to access such information. Disclosure of health information is needed if the:
- Disclosure is necessary to lessen or prevent a serious and imminent threat to a person or child’s life, health, or safety
- Child cannot physically communicate his/her consent to the disclosure
- Disclosure is made for compassionate reasons
3. Can Children Receive Inheritance From a Step Parent?
A: Yes. Step parents may distribute their estate to children under their care in their Will. However, this is not compulsory and step parents may opt to not provide their stepchildren with any form of inheritance. Stepchildren may still apply to family courts to receive an inheritance. However, they must prove that their step parent did not provide them with an adequate or fair amount of inheritance.
4. Can Step Parents Change the Name of Their Child?
A: A step parent may change the name of their step children even if there are no adoption orders in force. However, they should seek permission from the non-custodial parent since this falls under parental responsibility standards. The step parent may apply to the NSW Registry of Births, Deaths, and Marriages for their step child’s name changes.
Importance of Seeking Legal Advice
JB Solicitors is an experienced family law firm that can help step parents know more about their parental duties and responsibilities. Our team of family lawyers believe that step parents also care about the best interests of the child and so they should get as many rights as biological parents.
Hence, we can help file necessary documents that can help step parents gain legal guardianship of their step children. We have mediation and arbitration services for parties who want to come to terms if they have family member disputes.
Contact us today if you plan to start a new family as a step parent.
