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Do step parents have legal rights to their step kids if the biological parent is unfit to take care of the kids?
Wiki User
∙ 13y ago
Yes and no.
If the biological parent is proven unfit to care for they're children then the step parent has the right to APPLY for custody of his/her step children.
Keep in mind that being married to the biological parent doesn't automatically make them the parent of the children nor does it make them they're legal guardian so there are no guarantees that the step parent will be given custody.
If the children are happy with the step parent and no one in the biological parents family protest the application and the step parent is proven fit to care for the child(ren) then most usually the courts will award the step parent custody.
Wiki User
∙ 13y ago
Wiki User
∙ 12y agoNo. A step parent can only gain rights to step children by going to court and file for adoption or in some cases, custody.
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Is it legal in Michigan for a biological parent to contact a minor adoptee after termination of parental rights?
No, any contact between the child and anyone else is entirely up to the adoptive parents even if it is the biological parent.
When you turn 18 don't you have more legal rights to your biological brother than your adoptive parents do?
No. Even if they are not his biological parents they still have a parents rights which is more then a siblings rights.
Can your daughter receive disability from his father even if his rights were severed?
If the biological parents' rights were severed, the parent is a legal stranger to the child, and she and the father have no duties or benefits to each other.
In the state of Wisconsin do step parents have rights to step children if the custodial parents have fifty fifty custody and placement?
A step parent does have some rights, but they are extremely limited. In Wisconsin, step parents do have rights regarding day to day care, BUT their rights are subject to the wishes of the biological parent that they are married to. As regards parental rights, a step parent is not considered a parent, but a legal guardian. In all major decisions (custody) or major events, a step parent does NOT have rights, nor can they contest a parent's rights in court unless they can prove a danger to the child would occur. In fact, a step parent who interfears with a biological parent's rights in any way can be held in Contempt for doing so. In ALL matters regarding the children, the rights of the step parent is ALWAYS trumped by either biological parent, unless a judge interseeds. In joint custody arrangements, both parents have equal rights, no one parent is above the other, no matter who has the children more, and a step parent cannot be a tie-breaker unless both parents agree. Only a judge, federal law, or state law can overrule or remove a biological parent's rights. The bottom line is the rights of a step parent in Wisconsin are VERY limited and are always subject to the biological parents.
What right do biological children have over foster child?
Biological children have all legal rights regarding their biological parents that come into operation by law. A foster child would not have any rights at all regarding the foster parents except the right to be properly cared for pursuant to the foster parent status.
Does a step parent have visitation rights if the parent they are married to is away?
None unless the custodial parent agrees to visitation. Stepparents have no rights concerning a non-biological child unless the court grants them guardianship.
Does a biological child have rights when a parent dies if they have been adopted?
When a child is put up for adoption it means the biological parent has given up all legal rights to the child. In the same way the child has no legal claim on the biological parents. The person that adopts a child takes all legal responsibility.
Can biological parents get parental rights back if child is dropped off and left by adoptive parent?
The adoptive parents must voluntarily relinquish their parental rights and you must seek to have your legal custody restored through the court at the same time.
Can you be emancipated from your legal guardian if he isn't your biological parent?
I'm not entirely sure what you're asking. But, if you live in the US... If you're about to be legally adopted, then your biological parents parental rights will be terminated (and your adoptive parents will gain those rights). Therefore, there's no need for emancipation from your biological parents, because they'll no longer have rights over you. Now, if what you're really asking is can you be emancipated in order to then be adopted--no. That's not the purpose of emancipation. In order to be adopted, your adoptive parents have to go through the normal legal process, which includes termination of parental rights (and that can be voluntary or involuntary, but to terminate involuntarily, they need a very good case).
Is the non custodial parent or grand parents legal if the custodial parent is not present?
Parental rights are paramount to "grandparents rights". In most jurisdictions there are no such rights.
What happens to the child when gay couple breaks up or the legal parent passes away?
In either of those scenarios, the non-legal or second parent will likely have few rights regarding the child. While there are a small number of state courts that consider the second parent to have equal rights to the child regardless of biological or legal ties, most courts look only at biological and legal rights and go no further.
Is a step parent consider a legal guardian?
No. A step parent, or any other adult that does not have custody of a child is NOT a legal guardian unless a court has given this right to the step parent. This usually requires one of the biological parents to give up their rights or to been seen as unfit to be able to carry them out.
