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 Gay/Lesbian families

Pathways to Stepfamily Life

Pathways to Stepfamilies

Remarriage/ Stepfamily

Divorce Death Never-Married

Gay/Lesbian

Divorce Death Never-Married

Gay/Lesbian

Partner 1

Partner 2

Stepchildren are at a greater risk for problems than two parent and single

mother families

- Academic Achievement- Behavioral Issues

- Emotional (internal)- External

- Interpersonal Relationships

Trends and Statistics

The results are “negligible to small”

Despite exist, most stepchildren do well in school, do not have emotional , social or behavioral problems

Most stepchildren function quite well and are not at risk

Why the discrepancy?

Myths & Stereotypes

- http://www.youtube.com/watch?v=I6SdCDpvTnw- http://www.youtube.com/watch?v=Ki5GyO0tRWc- http://www.youtube.com/watch?v=4W5VfT4qMYw&feature=relat

ed

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 Stepfamilies

Parents Children

Stepfamilies Formed From Divorce

Parents Children

Stepfamilies Formed From Death

Parents Children

Stepfamilies Formed From Never- Married Parents

Parents Children

Gay/Lesbian Stepfamilies

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)

In loco parentis language

States without Stepparent rights offer another option

Policy is written for “interested party” visitation rights

Half the states in the U.S. invoke the Interested Party policy

(American Bar Assn., 2009)

The “Gray Area”

Virginia is the only state in the Union without any restrictions

Interested Party Restrictions

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