Wilmington, DE asked in Family Law, Child Custody and Child Support for New Jersey

Q: Does a step parent have rights

Going through a divorce I am a step parent of two boys their mother passed away 8 years ago I been raising them for 7 years do I have any rights ?

1 Lawyer Answer

A: Thank you for your question. I know how worried you must be about your step-children.

The short answer is possibly. In New Jersey, in all cases involving the custody of children, the court must always determine the best interests of the children. The court must apply several factors to determine the best interests of the children while weighing the rights of all parents and caretakers as well as the right of the children to continuing and frequent contact with all parents and caretakers. New Jersey recognizes that children can form strong bonds with caretakers who are not biologically related to the child. There are several factors the court will apply to determine whether the bond that you have formed with your step-children, while being their caretaker during the last seven years, rises to the level as to give both you and the children the right to have that relationship afforded protection by the Court. It is important to protect your interests and have an experienced family law lawyer explain the various factors the court will consider to determine what custodial arrangements are in your stepchildren’s best interest.

I hope this information was helpful to you.

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