Am I a Legal Guardian to My Stepchild?
How stepparents can become legal guardians to their stepkids.
- 3.5 min read
- custody
- family law
In the legal world, a guardian is someone who provides care for a child without the child’s biological parents having to terminate their parental rights. While it might seem like a stepparent fits that description, stepparents are not automatically considered legal guardians of their stepchildren. Keep reading to learn what rights a stepparent has and how they can become their stepkid’s legal guardian.
Are stepparents legal guardians to their stepkids?
Unless a stepparent has gone through the proper legal processes to establish guardianship with their regional court system, they cannot make important decisions about their stepchild’s medical care, schooling, or other essential needs. Those responsibilities and decision-making powers remain with the child’s biological parents.
Without legal guardianship, a stepparent’s authority is generally limited to day-to-day decisions. They can help raise and support their stepkids, but they don’t have the same rights or responsibilities as a parent or guardian. This contrast can be difficult for blended families, especially when a stepparent plays an active role in their stepchild’s life.
Whether someone just became a stepparent or has been one for several years, they typically lack legal authority in the eyes of the court. State laws often vary, but a stepparent cannot act on behalf of their stepchild without formal guardianship in most cases. This issue can lead to complicated situations when the child’s biological parents are unavailable.
Are there potential problems with not having guardianship?
Depending on whether you have guardianship of your stepchild, you may not have the option to make decisions in situations that involve:
- Medical emergencies: If a stepchild is injured or sick and needs immediate care, a stepparent who isn’t a legal guardian generally can’t authorize treatment unless a biological parent has given prior written consent.
- School or travel forms: Without guardianship, a stepparent can’t legally sign permission slips, school documents, or travel authorizations for their stepchild.
- Extended absences: If the child’s biological parent is away for an extended time, such as a military deployment or work trip, the stepparent can’t make legal decisions for the child in their absence.
If you want more rights to make decisions on behalf of your stepchild and have approval from your spouse, you can work to establish either temporary or permanent legal guardianship.
Is there a difference between guardianship and custody?
Although they seem similar, custody and guardianship differ in decision-making power and duration. While someone with legal custody of a child can make all decisions for that child, a guardian is typically limited to making everyday choices. Additionally, custody orders are commonly seen as permanent, while guardianship is often temporarily arranged.
How can I become a legal guardian to my stepchild?
Legal guardianship is usually considered for stepparents and other figures if at least one parent:
- Is absent or deemed unfit to care for a child
- Is imprisoned and cannot provide care
- Loses or voluntarily terminates parental rights
- Consents to the stepparent’s guardianship
Legal guardianship can be granted for a short time, ranging from a few weeks to several months, or permanently until a minor child turns 18. A guardian is generally appointed by either a court of law or with the approval of both biological parents. Guardianship does not affect the parental rights of either of the stepchild’s birth parents.
To establish guardianship of your stepchild, you start the process once your spouse files a petition for guardianship in your local family court. Once the petition is filed, the court will review the petition and may complete other tasks, like:
- Investigate through an appointed guardian ad litem
- Conduct a background check on you
- Hold hearings to evaluate the request
After the court completes its evaluation and approves the petition, it will issue an order establishing guardianship of your stepchild. Legal guardianship laws can vary significantly by state, so you and your spouse should contact a local family law attorney or speak to your county’s clerk of courts to learn more about what the process may look like.
Some states may also allow parents to delegate parental powers to a stepparent through a power of attorney instead of guardianship. A power of attorney may give a non-parent the right to make decisions for a child during specific timeframes or activities. These rights often include activities such as vacations or doctor’s appointments.
Can I choose adoption instead of guardianship?
If legal guardianship doesn’t sound like the best option for you, adoption is another way to establish the right to make decisions for your stepchild. Excluding any state-specific requirements, the process of adopting your stepchild involves the following:
- Getting parental consent from both parents
- Filing a petition with the courts
- Getting consent from your stepchild
- Completing a background check
- Attending court hearings
- Updating your stepchild’s records
Getting guardianship can be complex but worthwhile
Without formal guardianship or adoption, your ability to make important decisions for your stepchild is limited. If you’re looking to take on more responsibility or ensure you can act on behalf of your stepchild when needed, it’s essential to understand your state’s laws and consider your options. Working with a family law expert can help you decide whether pursuing guardianship or adoption is the best path for your family.