What rights do I have as a stepparent?
June 10, 2022 | 40,00 EUR | answered by Gerd Möller
Dear lawyer,
I am reaching out to you as a stepparent with some questions regarding my rights. My name is Emma Hemminger and I married my partner two years ago, who already has two children from a previous relationship. I have built a good relationship with the children and regularly take care of them, both in daily life and during school and extracurricular activities.
I now feel that my role as a stepmother is not clearly defined and that I do not have the same rights as biological parents. I am worried that in the event of a separation from my partner, I may lose my bond with the children or that I will not have a say in important decisions regarding their well-being.
Therefore, I would like to know what rights I actually have as a stepparent. Are there ways to strengthen my legal status or to protect my interests in relation to the children? How can I ensure that I will continue to have contact with the children and be involved in their upbringing in the event of a separation?
I thank you in advance for your help and look forward to your support in this matter.
Sincerely,
Emma Hemminger
Dear Mrs. Hemminger,
Thank you for your inquiry regarding your rights as a step-parent. It is understandable that you are concerned about your legal status and want to ensure that you can continue to have contact with the children and be involved in their upbringing in the event of a separation.
As a step-parent, you do not have the same rights as biological parents, but there are still ways to strengthen your legal position and protect your interests in relation to the children. It is important to know that German family law recognizes step-parenting and acknowledges your role as a stepmother.
Regarding your rights as a step-parent, it is important to note that you generally do not have custody of the children, unless your partner transfers it to you through a declaration of custody. However, you can file an application with the family court for the transfer of custody if it is in the best interest of the children and your partner agrees.
Furthermore, as a step-parent, you have the right to visitation with the children, even in the event of a separation from your partner. Visitation rights are regulated in the Civil Code (BGB) and serve the best interests of the children. Therefore, you can enter into a visitation agreement with the biological parents or, in case of dispute, take legal action to enforce visitation rights.
To ensure that you can continue to have contact with the children and be involved in their upbringing in the event of a separation, I recommend seeking advice from a specialized family law attorney. They can inform you about your rights and options and assist you in asserting your interests.
I hope that this information has been helpful to you and I am available for any further questions you may have.
Sincerely,
Gerd Möller
