www.majorfamilylaw.co.uk/services/children-and-parenting-disputes/step-parents/
I've copied this whole section so as to avoid misrepresenting anything but I am highlighting that bits that I think are relevant....
What about Step Parents?
It is common these days for parents to marry or to enter into a long term relationship with someone who is not their child’s biological parent.
The step parent often develops strong bonds with the child and plays a significant role in their upbringing, but legally the step parent has no standing when it comes to decisions about the child and its upbringing, even signing consent forms for school.
Whether the other (non-resident) biological parent plays an ongoing active role in the child’s life or not, step parents can feel side-lined, compromised or simply that the depth of their relationship with the child is unacknowledged, and this can be just as much of an issue for the child when a step parent is viewed as a significant figure in their life.
Step parents cannot acquire parental responsibility for a child simply by marrying the child’s biological parent. Previously, step parents could only acquire parental responsibility for a step child by legally adopting the child, or by obtaining a Residence Order from the court.
A step-parent can acquire parental responsibility for a child in very specific circumstances including:
When the court makes a Child Arrangements Order that the child lives with the step-parent either on their own or with another person. However these types of ‘step parent’ orders are uncommon.
When the step-parent adopts a child which puts him/her in the same position as a birth parent.
Through the signing of a Parental Responsibility Agreement <strong>to which all other people with Parental Responsibility consent. (see below)</strong>
<strong>When the court has made a Parental Responsibility Order following an application by the step-parent. On acquiring parental responsibility, a step-parent has the same duties and responsibilities as a natural parent.</strong>
Same sex partners in a registered civil partnership or marriage can also acquire parental responsibility by agreement or a court order.
How do I get a Step Parent Parental Responsibility Agreement?
There are two simple conditions to obtaining PR by agreement:-
<strong>you must be married to the biological parent with whom the child lives</strong>
<strong>you must have the signed consent of every person with parental responsibility for the child</strong>
This means that if the other parent of the child is living and has Parental Responsibility, they must agree to you acquiring Parental Responsibility and they must cooperate in the agreement being approved by the Court, not just the parent to whom you are married.
You must also be able to provide your marriage certificate showing you are married to the child’s parent; the child’s parent must provide the child’s full birth certificate; where there is another parent with parental responsibility, proof that they have parental responsibility must be provided; and all parties to the agreement must provide photographic evidence of identity (eg. passport or driving licence).
What if the other parent won’t agree or cooperate?
It can be a contentious issue when other people are involved in the upbringing of your children. The idea of sharing parental responsibility with your former spouse or partner’s new spouse may not sit comfortably and may be viewed as an attempt to marginalise them in their own child’s life.
If that parent’s agreement is not forthcoming and you and your spouse remain of the view that you having Parental Responsibility is in the child’s best interests, then you can apply to the Court to make an Order giving you Parental Responsibility.
If you would like more information on how to apply to the Court and what it involves, contact us today.
What are the effects of a Step Parent Parental Responsibility Agreement?
Here’s what it doesn’t do:-
It doesn’t remove Parental Responsibility from the absent biological parent
It doesn’t give you a greater say than the absent parent in the child’s upbringing (but it does give you an equal say)
It doesn’t make you liable to pay maintenance for the child
<strong>If you separate from the child’s parent/move out, it doesn’t give you an automatic right to see the child</strong>
What it does do is give you the same legal rights and obligations in relation to raising the child as the biological parent or parents.