Divorce And Blended Families: Legal Rights and Co-Parenting Challenges
Blended families have become increasingly common in Alabama in the past few years. Families where parents are divorcing are bound to face some complex issues and uncertainty, but a family composed of stepsiblings and stepparents usually presents a distinct set of challenges.
If you and your spouse in a blended family decide to get divorced, the most likely issues you may face are child custody, child support, and alimony. A seasoned family law attorney with experience in handling blended family divorce lawsuits can make sure that your rights are fully protected.
Child Custody
When spouses with individual children create a new family unit, several issues can come up during a divorce. You will need to interact with the ex-spouse regarding travel arrangements if you gain shared custody of the children. This can create a conflict since sharing custodial time can be awkward for everyone involved.
It’s critical that all adults involved in the arrangement try to develop a cordial relationship that allows them to make their time spent together pleasant. You and your ex-spouse may need to come together for extracurricular activities, which makes it essential to be able to speak to each other.
Child Support
Alabama law bases child support obligations on the party’s ability to pay. You will need proof of changed circumstances to modify a child support order. For instance, a new marriage that brings stepchildren into your life may constitute a changed circumstance. An experienced divorce attorney may be able to help you get the most favorable child support order or a modification depending on your individual circumstances.
Child support can get highly complicated when a blended marriage with children from the family unit ends in divorce. One spouse is usually obligated to pay child support to the other spouse for any children born out of the marriage. Moreover, if one spouse has an obligation to pay child support from an earlier marriage, they may be required to pay less money.
Spousal Maintenance
Spousal maintenance received in a blended family divorce is usually different from regular divorces. For instance, if the spouse that pays child support remarries and has new stepchildren, it may be considered a substantial change in circumstances. This can affect their ability to pay the required spousal maintenance.
Spousal maintenance generally continues as normal unless one party requests a modification because of circumstantial changes. Spousal maintenance orders can be modified by either party. This may involve requesting the court to reduce or increase the maintenance amount, terminate the obligation completely, or extend the period of time for which spousal maintenance needs to be paid.
You and your attorney will need to show a substantial and continuing change of circumstances to request a child support modification. This is someone who has been through the legal battlefields before and has survived serious situations unscathed – they know what they are doing.
Co-parenting Challenges in a Blended Family Divorce
Legal rights of the stepparent in raising the child
In Alabama, stepparents are not legally entitled to make decisions regarding a child’s education, health, and religious upbringing. You are probably used to making decisions for the children with your partner. Co-parenting may award certain legal responsibilities to the stepparent for making these decisions.
Effect of a new marriage on the custody agreement
Typically, new marriages should not change the visitation or custody agreement. They usually only change child support obligations. In relation to this, marriage is a life-altering event and you or the ex-spouse can ask the court to modify the agreement. For instance, a co-parent that needs to move to another state with their new spouse may need the permission of the court and the other co-parent before making the decision.
New spouses are typically involved when visitation exchanges happen. It is a good idea to make sure that everyone is respectful and cordial for establishing a good relationship. You and the other parent may need to discuss arrangements. An all-star and considerate family law attorney can help you keep things friendly and take the necessary steps for eliminating any future conflicts.
Rights of a stepparent to get child custody
In a blended family, two adults that usually have children of their own come together to make a new family unit. In Alabama, the courts usually want children to remain with their biological parents. Based on this, if the biological parent is deemed unfit, the stepparent may be able to ask the court for custody.
This usually occurs in the following situations:
- The biological parent engaged in certain behavior that was not in the best interests of the child. For instance, if the child is neglected or abused the stepparent may move the court for custody.
- The biological parent is deemed unfit by the court to have custody of the child
You should always work with a capable family law attorney with experience in child custody matters to ensure a favorable outcome.
Prenuptial Agreements for Blended Families
Prenuptial agreements can seem cold and savage at face value. Stemming from this, these less-than-romantic propositions are necessary if you are planning on creating a blended family. There is a lot of legal confusion over child custody and other arrangements when people with children from prior relationships get married. This may make the divorce even more complicated and difficult. Prenuptial agreements can help in resolving certain issues before they occur.
Contact a Dedicated and Compassionate Alabama Family Law Attorney
The experienced and knowledgeable family law attorneys at the Smith Law Firm take great pride in providing unique and insightful legal solutions to blended families. To schedule your initial consultation , call us at 334-702-1744 or fill out this online contact form.
