Is A Stepparent A Legal Parent In Oregon?
When a parent marries someone other than the child's parent, the new spouse does not automatically become the child's legal parent. A legal parent may be a biological parent, adoptive parent or legal guardian. A legal parent has the right to make decisions about the child's care, custody, and control. Upon marriage, the stepparent is not a legal parent. However, a stepparent can become a legal parent in Oregon by adopting the stepchild.
In Oregon, the adoption of a stepchild by a stepparent is called an independent adoption. This form of adoption is a non-departmental adoption because the child to be adopted is not in the custody of the Oregon Departmental of Human Services. The stepparent must file a petition to seek the adoption of the stepchild. The stepparent must have consent to adopt the stepchild from the parents, legal guardian, next of kin, or a court-appointed guardian of the child. If the stepchild is fourteen years old or older, the stepparent needs additional consent from the child to adopt them. Once the court grants a judgment that the stepparent has legally adopted the stepchild, the stepparent becomes the legal parent.
Other Child Custody Frequently Asked Questions
- Can I Have Custody of My Kids If I Don’t Work?
- Can The Custodial Parent Move Out of State With The Child?
- How Do I Change Custody or Parenting Time With My Child/Children?
- How Do I Get Parenting Time in Oregon?
- How Is Child Custody Determined In Oregon?
- Is A Stepparent A Legal Parent In Oregon?
- What Is The Difference Between Parenting Time and Custody?
- What Makes A Parent Unfit In Oregon?