The idea of a “traditional” family is evolving, and so is the court’s handling of child custody disputes in Colorado. Many of today’s marriages include one or both spouses’ children from previous relationships, creating a “blended family.” If the marriage ends in divorce, the issue of child custody for non-biological parents arises as well as other divorce terms specific to blended families.
Handling child custody during a divorce when a family has children from other relationships can feel overwhelming for those with blended families. If you’re in need of legal assistance on your unique case, reach out to our child custody lawyers in Denver, CO at (303) 997-2257.
Family courts in Colorado uphold the child’s best interest as their highest priority in all family court cases, particularly child custody. Child custody decisions have a tremendous impact on families after a divorce. Under this standard, judges consider continued close contact with both parents as the arrangement that is in a child’s best interest in most cases, but how does that translate to step-parents who are essentially third parties in the child-parent relationship?
Colorado courts typically seek to preserve family relationships and custody agreements that facilitate contact with step-siblings, half-siblings, and stepparents who provide stability. It’s essential to understand the legal rights of all parties in a blended family custody case. Speak to a Denver family law attorney for legal help on your case.
When a stepparent adopts their spouse’s child they gain full parental rights to the child since the adoption requires the child’s other biological parent (if living) to sign away their parental rights, making the stepparent the only second parent to the child. Unfortunately, not all stepparents adopt their stepchildren.
In many cases, adoption isn’t possible if the child’s other parent remains an active participant in raising the child. In this case, a stepparent may still petition the Colorado court in their jurisdiction for visitation rights. This requires making a compelling case to the court showing that it’s in the child’s best interests to continue the relationship and that it’s not in the child’s best interest for their stepparent to disappear from their life.
Sadly, obtaining visitation rights as a stepparent is often challenging in Colorado because a non-biological parent doesn’t have inherent parental rights. If the child has two living biological parents participating in their lives, then giving a stepparent visitation rights or custody would mean disenfranchising one biological parent or infringing on their time with their child. It takes compelling evidence for a court to consider this step.
Some limited circumstances would allow a stepparent to gain legal custody of a child, including the following:
The courts also consider issues of stability in a child’s life, each parent’s ability to provide a safe, nurturing environment for the child, and the child’s wishes if they are sufficiently mature to reasonably express their wishes.
If you are a stepparent and have questions about child custody or your rights as a member of a blended family, we are ready to help. Reach out to the Colorado child custody lawyers at Ciancio Ciancio Brown, P.C. today so we can determine the best way to move forward in your case.
