Family Matters

Are stepparents entitled to parenting time in the event of a divorce in New Jersey?

Often, strong familial relationships are developed between stepparents and stepchildren. Unfortunately, in New Jersey, stepparents do not have an automatic right to parenting time when a marriage terminates unless they have legally adopted the children. However, there are ways for a stepparent to establish standing to pursue parenting time with his/her stepchildren.

If the stepparent has taken on a parental role in the children’s lives, the stepparent can raise the concept of being a psychological parent. It is important for a stepparent to demonstrate the substantial and positive relationship he/she has shared with the children. This can be established by addressing the following:

1. The duration and quality of the relationship with the children.
2. The adverse impact severing the relationship will have on the children’s well-being.
3. The biological/legal parent consented to and supported the relationship between the stepparent and the children.
4. The stepparent lived with the children.
5. A parent-child bond was established.
6. The stepparent took on the duties of a parent, including, but not limited to, caring for the children emotionally and physically, preparing meals for the children, transporting the children to and from school or extra-curricular activities, attending medical appointments, and attending educational and other school events.
7. The stepparent financially supported the children.

It is important to note that, depending on the age of the children, the Court may weigh the wishes of the children. The Court will also consider the rights and preferences of the children’s biological parents. However, those wishes are not determinative. The process of establishing rights as a stepparent can be challenging and complex. It is important to work with experienced counsel to help you navigate the process. If you need guidance on stepparent rights, contact one of Obermayer’s experienced family law attorneys for a consultation.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.