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Family dynamics have changed dramatically in the past two decades. With approximately half of all marriages ending in divorce, many families are breaking apart and forming new bonds with step-families. This article explores some of the legal ramifications of the step-parent relationship.

The rights of step-parents normally flow from those of the natural parent. A biological parent can delegate visitation or custody rights to others. A step-parent, acting with consent of a biological parent, can normally step into the shoes of the biological parent and perform acts consistent with those of the parent.

But step-parents often make the mistake of quickly attempting act in the role of a full parent, causing tension in the family structure. For example, a child may not want to be disciplined in the same manner by a step-parent, and a biological parent may become concerned when children report that a step-parent has upset or physically harmed a child at the other parent's home.

A court can limit a step-parent's role in a child's life if it determines that the step-parent has not acted in the best interests of a child. On the other hand, a step-parent who assumes the role of an absent parent can petition a court to adopt a child. A step-parent who adopts a step child assumes both the rights and responsibilities of parenthood, including the duty to pay child support. Normally, the consent of the biological parents is required prior to an adoption. However, in Alaska, consent to adoption is not required if a court finds that a parent has abandoned a child for a period of at least six months. Abandonment may occur if the parent-child relationship has been destroyed due to a parent's conscious disregard of obligations owed to a child. Consent of a biological parent to a step-parent adoption may not be required if a court determines that a parent who does not have custody of a child has failed significantly, without a justifiable excuse, for at least one year, to meaningfully communicate with the child, or to provide for the care and support of the child.

In 1995 the Alaska legislature passed an act regarding child visitation rights of grandparents and other persons who are not parents. The law states that a court shall provide for visitation by a grandparent or other person if that is in the best interests of the child. A former step-parent who has a strong bond with a child could ask the court to consider the best interests of the child and make an order which addresses this relationship.

If you have concerns regarding step-parent issues, it may be wise to consult with an attorney who can answer your questions and define the services they offer. The Alaska Bar Association can refer you to an attorney who can answer your legal questions regarding these matters.

Steven Pradell is an Anchorage attorney with a practice emphasizing divorce, custody, child support and adoption. © 1997 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose.