What Happens to Step Children in a Divorce?

In the UK, 45% of first marriages end in divorce and 31% of second time marriages end in the same way. Sadly, children are involved in many of these divorces, including stepchildren. Despite this, the subject of what happens to stepchildren in a divorce is not one that is discussed much or understood. Here we will take a brief look at the subject.

Staying Involved

Many stepchildren want to keep in contact with their stepparent. Although there is no biological bond most stepparents and children form close relationships, which they value and want to maintain. However, the child’s birth parent who is the child’s main carer may not feel the same way, and the fact that stepparents do not necessarily have the same rights as the biological parent can make things difficult.

How Parental Responsibility Can Help You

Those stepparents who took the step of asking the biological parent or the court for formal Parental Responsibility when they married the parent of those stepchildren are in the strongest position. Even after divorce, they have some rights and responsibilities, the fulfilment of which should allow them to stay involved in their stepchildren’s lives.

If a stepparent can demonstrate to a court that they have filled the role of a biological parent for a significant period, they can be awarded Parental Responsibility after the marriage has broken down. However, this is only done if the judge believes it will be in the interests of the child to do so.

Other Options

Even if you do not qualify for a Parental Responsibility order, you may be able to apply for a Contact Order. This can help to ensure that you will still have contact with your stepchildren.

The Question of Maintenance

Should you have Parental Responsibility for a child, one of the things you are responsible for is providing a home for that child and financial support. This means that if you have treated your stepchildren as ‘children of the family’ a court could order you to pay maintenance, and you will have to do so. However, the CSA cannot make you pay maintenance for your stepchild.

Get Advice Early

If you are getting a divorce and are worried about how to ensure that you maintain contact with your stepchildren, speak to us at Hylton- Potts. We are used to dealing with all kinds of family situations, so we will definitely be able to help you. We operate highly competitive fixed fees, not terrifying solicitors’ hourly rates.