Divorce brings a lot of changes. If there is a child involved, custody and visitation rights must be determined to ensure a stable environment for said child.
If one of the parents is a stepparent, things can get complicated. Obviously, there are no biological ties, but an emotional bond may have formed between the stepparent and the child. If that is the case, will the stepparent be allowed custody and visitation rights?
Read on to find out more about stepparents’ rights in the state of North Carolina.
Does a Stepparent Have Custody and Visitation Rights in North Carolina?
If the stepparent has adopted the child, the custody case will proceed like any other case where two biological parents are involved. That is to say that the court will determine which parent can provide an atmosphere that is most beneficial to the child when considering his or her emotional and physical wellbeing.
If you have not adopted the child, you may still have a say in who gets custody of the child and may be able to request visitation. If a stepparent is requesting custody, they must overcome the parent’s constitutionally protected right to care, custody and control of the minor and prove to the court that you having custody would be in the child’s best interest.
Can a Stepparent Be Awarded Custody or Visitation Rights if They Didn’t Adopt the Child?
It is often very difficult for a stepparent to get custody of a child if they didn’t adopt, but it’s not impossible.
In order to gain custody, a stepparent has to establish that they have a parent-like relationship with the child. They will have to prove that they have a strong emotional attachment to the child and have taken on responsibilities that are necessary to the child’s wellbeing such as driving them to school and overseeing their medical care.
In some cases, a stepparent may be seeking custody because the biological parent is unfit. In these situations, the stepparent will have to establish evidence as to why the parent is unfit. They may need to prove that the parent is abusive, emotionally unstable or that they have a drug or alcohol addiction.
Fighting for custody of a child you did not adopt can be an uphill battle and you will need a good child custody lawyer on your side. They will help you build a strong case to prove to the court that you deserve custody.
Finding a Lawyer for Your Stepparent Custody Case
No matter what circumstances may be surrounding your custody case, there’s always the chance your battle can become a mess. Emotions run high and complications can arise. For these reasons, it is best to have a reliable Charlotte Family law attorney on your side.
Remington & Dixon has years of experience in the field of family law. They understand how difficult it can be to go through a custody battle and they treat their clients with the care and respect they deserve during this difficult time. They maintain a professional attitude while providing the people they represent with honest evaluations, affordable fees and aggressive representation.
If you are a stepparent who is involved in a custody battle, things can get confusing and you may not know where to turn. Let the Remington & Dixon team guide you on your path so you can work out a situation that is in the best interest of yourself and your child. They are sure to give you the legal help you need.