Legal Advice for Stepfamilies.

This is the most straightforward option for obtaining parental responsibility for your partner’s child or children. The agreement must have the consent of all those who already hold parental responsibility, including the non-resident parent, but if everyone is in agreement the process if fairly straight forward. There is no need to make an application to the court but the agreement will be signed at the court by all parties before being registered. The agreement will then remain in place until the child is 16.

If the child’s other parent does not consent to a Parental Responsibility Agreement, a stepparent can apply to the court to obtain parental responsibility. Anyone who already holds parental responsibility will be informed of the application and can object, but ultimately the court will make the decision based on the best interests of the child.

A Child Arrangement Order is often sought by a separating or divorcing couple who cannot agree on the living and access arrangements for their child. If, as a stepparent, you are named in such an order as someone with whom the child lives, then you will be granted parental responsibility for as long as the order remains in place.

If at any point you become your stepchild’s legal or special guardian, then you will be automatically granted parental responsibility.

Although obtaining parental responsibility is a more straightforward route to formalising the relationship you have with your stepchild, some families choose to pursue adoption to make everything official.

Adopting your stepchild will permanently end the legal relationship they have with their other parent, so it is a decision that cannot be taken lightly. Your child will no longer be entitled to any inheritance or maintenance payments from this parent and you will have full, permanent legal responsibility for them, along with your partner or spouse, even if you were to separate or divorce in the future.

Anyone who already holds parental responsibility for the child must consent to the Adoption Order.

If you are over 21 and have lived with your partner and their child for a minimum of six months then you are able to apply for an Adoption Order. The adoption process can be lengthy as the local authority and the court must be satisfied that the decision is in the best interests of the child.

We can help with all the legalities and provide advice and support throughout every stage of the adoption process.

• Inform your local authority in writing of your intention to adopt your partner’s child.
• You will be appointed a social worker who will assess the suitability of the adoption and make their recommendations to the court to help them reach a decision.
• After a minimum of three months (but no longer than two years), you are then able to apply to the court for an Adoption Order.
• A series of hearings will then be held so that the court can establish the facts and determine the suitability of the adoption.
• Both of the child’s legal parents must consent to the adoption and, in cases where everyone agrees, the court decision is usually quick and straight forward.
• Once the adoption order is granted, your child’s birth certificate will be replaced with an adoption certificate naming you and your partner as the legal parents.

It is important to give thorough and careful consideration as to whether adoption is the right choice for your family. Our family lawyers are able to utilise their experience in this area to offer expert advice on the best way to proceed and to secure your family the full legal rights and protections.

If your partner dies there will be a number of questions relating to where your stepchild should live and the level of contact that they should have with the deceased parent’s family.

The answers will very much depend upon the ability of the child’s other parent to care for them and your legal status in relation to your stepchild or children.

The situation will seem confusing and overwhelming as you seek to make the best decision for your stepchild, but we are here to help you navigate this difficult path and to provide specialist advice on the legalities of your situation.

The family law team at Lanyon Bowdler possess the warmth, understanding and experience to help you in your bereavement, and we urge you to seek legal support as soon as possible to help alleviate your worry and concern about what the future holds for you and your stepchild.

When it comes to leaving any part of your estate to your stepchild, it is essential that you make a will specifically detailing what they should inherit.

The current inheritance laws do not extend to stepfamilies so if you die without a will, any children that are not legally adopted by you will not be included.

Similarly if your will simply states ‘your children’, unless legally adopted by you, your stepchildren will, again, not be included.

As a full-service law firm, we are able to draft and advise on your will to ensure that all those who are important to you are provided for.

At Lanyon Bowdler, we believe that everyone should have access to an exceptional legal service, which is why we offer a range of payment options so that budget is no barrier.

You deserve the very best for your family so we offer fixed fees and  staged payment options as well as the traditional hourly charging rates so that you can tailor your payments to suit your own personal situation.

We are completely transparent and open about our pricing structure so for more detailed information please feel free to contact us today.