Why and when a stepparent may adopt a stepchild in South Carolina

May 15, 2013 (Press-News.org) Why and when a stepparent may adopt a stepchild in South Carolina

Article provided by Williams Hendrix Steigner & Brink, P.A.
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These days, it's not at all uncommon for a husband or a wife to bring children from a previous relationship into a marriage. When two households combine in such a fashion, a strong emotional bond often develops between the stepparent and stepchild.

Yet, however close a stepparent is to his or her stepchildren, legally speaking, stepparents may not be entitled to all the same rights as biological parents unless they formally adopt their stepchildren. Before pursuing stepparent adoption, it is wise to develop a basic understanding of the situations in which it is allowable and beneficial under South Carolina law.

Stepparent adoption terminates parental rights of absent parent

First of all, it is important to understand why a stepparent may wish to adopt their spouse's child. The legal recognition of a bond between a child and adult living as part of a family unit can have meaningful emotional benefits. Beyond that, a child's parent has many important legal rights, like the right to make decisions about the child's upbringing and the right to seek custody or visitation after a divorce. If one parent dies or is incapacitated, the other will be the presumed caregiver for the couple's children. A stepparent must formally adopt a stepchild to be guaranteed the full scope of parental rights under the law.

In South Carolina, a stepparent may only formally adopt a stepchild under certain circumstances. By default, a child's legal parents are generally his or her biological parents. When a stepparent adopts a stepchild, it terminates the parental rights and responsibilities of the biological parent who is not part of the household, including that parent's obligation to pay child support. With that in mind, the situations in which a stepparent may adopt a stepchild generally include:

o The absent parent has not financially or emotionally supported the child for a period of longer than six months prior to the filing of the adoption petition

o The absent parent has consented to the relinquishment of his or her parental rights

o The absent parent has seriously abused or neglected the child

o The absent parent is deceased

Get help with stepparent adoption from a South Carolina family law attorney

Formalizing the relationship between a stepparent and a stepchild can be an important step for a family. Going from being a stepparent to simply a parent is not only cathartic; it cloaks both parent and child with all the rights, obligations, duties and responsibilities that are central to a parental relationship in the eyes of the law.

Retaining an experienced family law attorney is the best way to ensure a stepparent adoption case is legally sound, proceeds smoothly and is ultimately successful. If it seems like stepparent adoption might be a good move for your family, talk to a South Carolina family law attorney today to get the process moving.