Stepfamily Issues and Rights

Mary Kay AltenburgKelsey HodgeLaura Shane

Cori Mansfield

Stepfamily Relationships Historical Development Pathways to Stepfamily Life Media Coverage Implications for Families Federal and State Responses Recommendations for Change

Introduction

Stepfamily◦ Complex◦ Simple

Stepparent Stepchild Stepsibling Step-grand-parent

Stepfamily Relationships

Death (not divorce) was the original path to stepfamily formation

Imbedded inheritance issue Legal adoption by a stepparent In modern times, divorce is the most

common path to stepfamily formation

Historical Perspective

Divorce (Most Common) Bereavement Never-Married Parents At least one partner must have a child from

a previous relationship

Pathways to Stepfamily Life

Remarriage/ Stepfamily

Divorce

BereavementNever-Married

DivorceBereavement

Never-Married

Trends and Statistics

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Stepfamilies in the Media

Paths by which individuals find themselves in stepfamilies have important implications for stepfamily dynamics

Social Political Legal Economic Ethical

Implications for Families

Stepfamily living can have positive and negative effects on all family members

Negative:◦ Children in stepfamilies on average:

Do not achieve as well as children living with both parents academically

Are more likely to leave home at a younger age Exhibit more internalizing behavior problems Exhibit more externalizing behavior problems as

adolescents Have more peer problems and prosocial behavior

problems

Social Implications for Stepfamiiles

Federal and State Responses

No federal policies regarding stepparent or stepchild visitation rights

Each state determines own policies In most states, stepparents have few legal

rights

Stepchildren are not recognized as dependents

Federal Policy

Policies relating to economics

Inconsistent

CURRENT STATE POLICIES

Only 11 of the Fifty states Allow visitation by a Stepparent

State Policy Restrictions Of the eleven states, only four do not have

restrictions:

Arkansas, Delaware, Kansas, Tennessee

California & Illinois: unconstitutional

Idaho, Louisiana, Maryland, Pennsylvania: “in loco parentis”

Wisconsin: only for surviving spouse (American Bar Assn.,

2009)

NEVADA POLICY Policy is written for “third party” visitation

rights

Only Grandparents are granted visitation rights, under specific circumstances

Stepparents do not have visitation rights

(American Bar Assn.,

2009)

Conclusions and Recommendations