Successful families require an abundance of blending, scrambling, and often muddling through a host of delicate personal issues. With a blended family, there are complicated relationships and individual differences to overcome.
Blended families are remarkable for everybody involved; if only they worked better.
Unfortunately, statistics do not back up the success of blended families. 70% of all blended marriages involving children end in divorce. Traditional marriages have a 40% failure rate. So many questions arise with this unique type of family interaction.
Blended families work well when everybody involved works together. The following post highlights a few of the legal challenges these wonderful family structures must overcome.
Children in blended families are the primary concern for everyone. They have so many questions and the step-parents and biological parents must step up and do their jobs.
- Paternity, a profound legal concept in Florida
- Answers for New Stepparents
- Can a stepparent get custody of my child?
- Children and Your New Blended Family
- Custody
- Final Thoughts
Blended families have many moving parts that must work together to be successful. These incredible families involve stepparents, stepkids, siblings, grandparents, step-grandparents, and more.
Florida implements one of the most profound concepts for any family, blended or otherwise: Paternity!
Paternity of a Child
One of the most important legal concepts in Florida is paternity. Hunter Law is the premier group in Florida with extensive knowledge of this doctrine. If parents or stepparents need answers, contact one of the skilled attorneys at Hunter Law by calling (813) 287-2227.
In Florida, a child deserves to have a legal father, and Paternity is fatherhood. Florida has specific procedures for establishing paternity to satisfy the courts.
- Both parents are married to each other at the time of the birth of the child
- At the hospital, the birth certificate is signed by the father
- After the child is born, the birth mother remarries, and the birth records are updated at the Florida Office of Vital Statistics
- Administrative order proves fatherhood by genetic testing
- A court order establishes fatherhood
A child deserves the benefit that comes with paternity. A father can lose all rights to the child if their paternity is not clearly defined. Most importantly, Paternity gives the child a family.
Read more in our blog: Fathers’ Parental (Custody) Rights: How to Prepare & Negotiate in Tampa, Florida
Answers for New Stepparents
There is always a sense of angst when a parent meets someone special after a divorce. Questions arise on whether your ex-spouse should be told or not. It is important to remember that your ex-spouse does not control your life.
What is important is the children. Remember this.
Introducing new love interests into your child’s life to avoid upheaval may be a short-term solution. You are entitled to remarry with all the different parts of a blended family. And when you decide to remarry, everything changes.
Can A Stepparent Get Custody of My Child
Courts across the land always try to keep children with their biological parents. However, if the parents are unable or unwilling to care for the child, a stepparent may ask the court to intervene and seek custody of the child.
In the event of a divorce, stepparents have limited rights to child custody under Florida law. Another harsh reality is that if the legal parents decide to cut off a child’s relationship with the stepparent, there is little recourse.
- Under Florida Statutes 63.042, only by becoming a child’s legal parent can stepparents acquire the rights to the child, regardless of the future of the blended marriage.
No, this is not complicated.
Let Hunter Law explain your rights under the Florida Statutes. Call (813) 287-2227
Children and Your Blended Family
Why do so many blended families end up in divorce court or simply fail? Family experts are in full agreement; there are false expectations and an unwillingness to work on tough issues.
Step-parents serve a key role in blended families; however, they have no legal rights over the child from a legal viewpoint.
- A stepparent cannot make any legal decision for the child and will not be given automatic visitation rights if the new marriage ends in divorce.
Blended families generate a wide range of opinions from everyone. However, the final say on decisions regarding the child’s welfare falls to the co-parents.
Children are the key to a successful blended marriage.
Marriages without children end in divorce 41% of the time. Once children are introduced, that number jumps to over 60%. Not only do the parents face complex legal issues, but children of blended families are also thrown into convoluted situations they are not prepared to deal with.
Children find themselves in an intermingled structure, which means they have to share their parents and their stuff. They could face the prospect of moving, losing friends, changing schools, and losing their sense of security.
Read more in our blog: How to Cope and Legally Prepare When a Marriage Is Over in Tampa, FL
Custody
Florida protects the interest of the child at all costs. Judges will examine the child’s life to determine the least measure of emotional turmoil to the child.
- Florida Judges use the legal interpretation of “best interest of the child” to determine who gains custody in divorce actions.
Blended families introduce new, complex dynamics and may create a tension-filled atmosphere fueled by emotions and the stepparent’s authority. Additional conflict can happen with the outside biological parent.
From a legal perspective, it is advisable to discuss the ramifications with all parties involved and develop strategies to make the move easier.
- Previously divorced parents and any custody agreements should continue to be followed to avoid violating court orders.
Divorce cases and newly blended families become increasingly complex when involving different states from the original divorce.
- If the new blended family moves to Florida, custody arrangements and any specific court orders from the original divorce state must be recognized.
Contact the Family Law Group at Hunter Law and its team of skilled Attorneys. Hunter Law can handle any Florida custody agreement to the satisfaction of all parties. Call (813) 287-2227
Visitation is the right of every parent after a divorce. It is a good idea to establish a cordial and respectful relationship with everyone involved. Remember, children are what matter, not whether you get along with an ex-spouse. If everyone works together for the child, future conflicts can be avoided.
Blended parents want their family to succeed; however, they cannot ignore the rights of the original parent.
- To ensure the court approves any custody changes, have your Family Law Attorney at Hunter Law involved in the process from the beginning.
Blended Family Final Thoughts
Legal challenges to this extraordinary family structure should be addressed early in the relationship, with everyone involved, at the very least by starting the conversation. Do not expect to be the Brady Bunch overnight.
- Be patient!
- Set reasonable goals. Success is not assured, automatic, or something that can be forced. Allow everyone time to develop a genuine relationship.
- Be aware of your own emotions. If a parent is too outwardly focused, personal fears and perceptions can be overlooked. Make your commitment to each other a priority.
Legal issues related to any family structure should be addressed as early as possible. Children make the progression to success more demanding. When two people and their children form a new family, everyone’s additional responsibilities and opinions must be taken into account. Let the compassionate family law attorneys at Hunter Law help you overcome the legal challenges that may arise. Contact us today.