Stepfamilies from a Legal Perspective

Abstract

Within many stepfamilies little attention is paid to the legal aspects of the stepparent-child relationship until a particular problem arises. This article focuses on the ways in which stepfamily members in the United States can take greater control of this dimension of their family life. In many cases, advance planning can prevent legal problems from arising at a later time. The starting point in any discussion about planning for stepfamilies is an understanding about their status under the laws that regulate family relationships. The question then becomes whether effective steps can be taken by the family to modify the relationship imposed by law. In fact, the U.S. legal system limits the scope of private planning available for many important family issues. This article focuses on several legal aspects of the stepparent-child relationship where the question of advance planning may arise: the financial support of minor children, the disposition of the stepparent’s estate in the event of his or her death, and the custody of minor stepchildren in the event of the custodial parent’s death. As to each of these economic and custodial issues, some individuals may prefer sets of rights and duties different than those currently imposed by state law. This article describes the underlying rules of law regulating the stepparent-child relationship in these areas, and the manner and extent to which they can be modified in the individual stepfamily by private action.