Do Stepparents Have Rights In An Oregon Divorce?
Parents have a legal obligation to take care of their children’s financial, emotional, physical, psychological and health needs. A parent is a biological parent, adoptive parent or legal guardian whose legal rights have not been terminated. When a parent gets remarried, the stepparent may care for the stepchildren in the same manner as the parent. However, the stepparent does not automatically become a legal parent.
Should the couple get a divorce, the stepparent may have rights concerning the stepchildren.
A stepparent may be able to seek parenting time or child custody in the divorce. Under the psychological parent doctrine, a stepparent who established an emotional parent-child relationship with the stepchild may petition for custody or visitation time on the same footing as the child’s parent. Oregon law presumes that the legal parent is in the best interest of the child. However, the stepparent can overcome the presumption to obtain custody or visitation rights by showing evidence of:
1. Being the primary caretaker;
2. The legal parent encouraged or fostered the relationship between the stepparent and stepchild;
3. The legal parent unreasonably denied or limited contact between the stepparent and stepchild; or
4. The legal parent is unable or unwilling to take care of the stepchild.
If the stepparent adopted the stepchild during the marriage, they have the same rights as the legal parent. Now both parents have equal rights and responsibilities to the custody and control of the children. The stepparent has the right to seek custody or parenting time as a legal parent. If the stepparent is awarded custody of the adopted stepchild, they will always have the right to seek child support from the other parent.
Other Divorce Frequently Asked Questions
- Can I File For Divorce In Oregon If I Don’t Know Where My Spouse Is?
- Can My Spouse Keep My Children From Me While Our Oregon Divorce Is Pending?
- Do I Have To Move Out Of My Home During A Divorce?
- Do Stepparents Have Rights In An Oregon Divorce?
- Do You Have To Go To Court To Get A Divorce?
- Does A Non-Custodial Parent Automatically Have Parenting Time After An Oregon Divorce?
- Does It Matter Who Files For Divorce First In Oregon?
- How Do Courts Determine Child Custody in an Oregon Divorce?
- How Do I File For Divorce In Portland?
- How Do I Make Sure My Assets Are Kept Safe From My Ex-Spouse?
- How Do I Separate From My Spouse?
- How Does Divorce Impact Financial Aid For My Child’s College Education?
- How Does The Process Of Serving Divorce Papers Work?
- How Is Debt Divided During Divorce?
- How Is Property Divided During Divorce?
- How Long Do You Have To Be Separated To Get A Divorce?
- How Long Does It Take To Get A Divorce?
- How Much Does A Divorce Cost?
- How To Start A Divorce Conversation?
- How To Start A Divorce Process?
- Is It True That I Will Need To Complete A Parenting Class Before The Court Finalizes My Divorce?
- Is There A Waiting Period Before A Divorce Is Granted In Oregon?
- Should I Move Out During The Divorce?
- What Am I Not Allowed to Do During a Divorce?
- What Are The Grounds For Granting A Divorce In Oregon? Do I Have To Prove That My Spouse Did Something Wrong?
- What Do I Ask A Divorce Attorney in Oregon?
- What Documents Do I Need To Bring To A Divorce Lawyer?
- What Does a Collaborative Divorce Mean for Oregon Parents?
- What Happens After I File For Divorce In Portland?
- What Happens in a Divorce if My Spouse/Partner Has All the Debt in Their Name?
- What Happens in a Divorce if My Spouse/Partner Has All the Property in Their Name?
- What Happens To My Art Collection If I Get Divorced In Oregon?
- What Happens To My Boat If I Get Divorced In Oregon?
- What Happens to My Retirement Account if I Get a Divorce in Oregon?
- What Happens To My Vacation Home If I Get Divorced In Oregon?
- What Is A No-Fault Divorce?
- What Is Considered Grounds For Divorce In Portland?
- What Is Separation?
- What Is The Process For A Divorce?
- Why Should I Contact A Divorce Lawyer Before Filing?
- Why Would The Court Reject My Divorce Paperwork?
- Will My Spouse Get My Inheritance After We Divorce?
- Will Obtaining A Restraining Order Against My Spouse Help Me In My Divorce?