ABSTRACT

This chapter 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. It 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. The presence of the noncustodial parent directly impacts another important matter, namely, the decision whether the stepparent will adopt the stepchild. A significant portion of all adoptions in the United States occur within stepfamilies. A recent proposed change to state adoption laws may affect the way that family members think about the appropriateness of stepparent adoption in particular cases.