A stepparent is not automatically a legal guardian. They can be involved in their stepchild’s daily life. However, a stepparent does not have the authority to make educational, medical, or financial decisions for their stepchild unless they receive a court order that allows them to do so.
Speak with a Seattle child custody lawyer if you are a stepparent who wants to become a legal guardian. Your attorney will answer any questions you have about your rights as a stepparent in Washington State.
Or, if you are a parent who wants your child’s stepparent to become a legal guardian, a child custody attorney can help. In this scenario, your family lawyer may guide your child’s stepparent through the process of petitioning the Superior Court so they can serve as a legal guardian.
When is a Step Parent a Legal Guardian in Washington State?
In Washington State, a stepparent is not a legal guardian even if they marry a child’s biological parent and take on an active role in the child’s life. Below are the ways that a stepparent can become a legal guardian in Washington:
- Court order: A stepparent can file a petition to be appointed as a child’s legal guardian. To be granted legal guardianship, they may have to prove that a child’s parents are unfit or unable to care for them, or that the child’s parents are deceased.
- Adoption: This requires the termination of a non-custodial parent’s rights. After an adoption is finalized, a child’s stepparent will have the same legal rights as the child’s biological parent.
- De facto parentage: The Superior Court could recognize a stepparent as a “de facto parent” if they have lived with a child for an extended period, handled caregiving responsibilities with no expectation of being compensated, and acted as a parent.
The process for a stepparent to become a legal guardian can be long and complicated. Fortunately, legal help is available. A Seattle family lawyer can determine if a stepparent has grounds for serving as a child’s legal guardian.
If so, they can address any challenges that could come up as a stepparent goes through the process of becoming a child’s legal guardian.
Whatis the Process for a Stepparent to Be Recognized as a Legal Guardian?
Trust a family attorney to share all forms related to minor guardianship in Washington State and insights into the steps that a stepparent will have to complete to be recognized as a legal guardian.
Here are the things that a stepparent will have to do during this process:
- File a petition. As a stepparent, you will have to submit a Petition for Minor Guardianship in the Superior Court of the county where the child lives.
- Provide notice. Each of the child’s biological parents will have to receive proper notice of your petition for legal guardianship.
- Undergo a court investigation. The Superior Court is likely to appoint a guardian ad litem (GAL) who will investigate the situation and make a recommendation.
- Receive a background check. A background check will be performed. This will include an assessment of your criminal history and any child protective services (CPS) records.
- Attend a hearing. A hearing will be held to determine if it is in a child’s best interests for you to become their legal guardian.
Remember to be kind to yourself and others throughout this process, and rely on your family lawyer for guidance and support along the way. Ultimately, if the Superior Court approves your petition to serve as a child’s legal guardian, it will issue “Letters of Office. These will formally authorize you to make medical, educational, and financial decisions on your child’s behalf.
Key Considerations if You are a Stepparent Who Wants to Become a Legal Guardian
You believe you would make a great legal guardian for your stepchild. Regardless, even if you petition to become this child’s legal guardian, there is no guarantee that the Superior Court will approve your request.
As such, if you are getting ready to go through the process of becoming a legal guardian to your stepchild, there are many factors you should consider, such as:
- Your legal standing: In your case, you may have to prove that a child is residing with you and that you have served in a parental role.
- Proof of necessity: You could have to demonstrate to the Superior Court that a child’s parents are deceased or incapacitated, or that their parental rights should be limited since the child is in danger or has been abused or neglected.
- Consent: It is beneficial if both of a child’s parents agree for you to become a legal guardian. Otherwise, if one or both parents contest, you may have to prove that they are unfit, which can be incredibly difficult.
Who you choose as your legal representation as you attempt to become your stepchild’s legal guardian makes a difference. Partner with family lawyers who have earned dozens of positive client testimonials from stepparents in situations similar to yours. Your attorney will prioritize you and your family as they build your case for becoming a legal guardian.
Learn More About When a Step Parent is a Legal Guardian in Washington State
Transitioning from stepparent to legal guardian of a child may seem like a lot of work. But keep in mind that serving as a legal guardian can be rewarding for you and your family. If you take the steps to become a legal guardian now, you and your family could reap the benefits for the rest of your lives.
At Dellino Family Law, we have a legal team on hand with more than 180 years of combined experience. If you are unsure about what it means to serve as a legal guardian or are interested in starting the process of becoming one, we are here to help.
Our child custody attorneys are available to discuss your family law case with you and can provide personalized legal recommendations based on the specifics of your situation. For more information, schedule a consultation.
