Divorce is complex even among couples who are separating amicably. For those in blended families, the process becomes even more challenging and is often fraught with emotion.
Because at least one party in a blended family has been in a relationship that has ended, they may already be facing obligations such as alimony and custody arrangements. To add a divorce to this scenario further complicates custody agreements and often adds extra financial and logistical responsibilities.
Here is how blended families can navigate complex custody situations during divorce with the help of a divorce attorney.
Legal Considerations in Custody
The minors in a blended family are eligible for the same types of custody arrangements as those in any other family, but a parent may have more or less say depending on their relationship to their non-biological child.
In Maryland, de facto parent eligibility applies—that is, stepparents may petition the court for visitation or custody if they can sufficiently demonstrate that they have established a parental relationship with the child, lived together, provided responsibility for the child’s care, and maintained this role for some time.
However, stepparents are considered to be third parties if they have not adopted the child and have no baseline parental obligations following divorce unless they petition.
Should a stepparent be granted custody, they may receive either full or partial legal custody, physical custody, or a joint custody arrangement. Legal custody refers to the ability of that parent to make decisions for the child, such as about medical care or religious practice. Physical custody describes where a child lives and how much time they spend there.
Supporting Children Through Transitions
During this challenging time, it is essential for both divorcing parties to manage effective communication. More than half of second marriages, and especially those comprising blended families, end in divorce—and because one of the primary struggles in a blended family is all parties learning to get along, it can be easy for children to blame themselves.
The best way to support children during the divorce transition is to first establish their preferences regarding their non-biological parent.
If they have not been adopted and do not wish to continue to engage with their stepparent, the court typically treats this as the normal state of events and will not address custody with that adult without a petition.
Parents should offer compassion and reassurance during this time, seeking professional support when needed.
Practical Tips for Managing Custody Arrangements
The central focus of most blended family divorces is custody arrangement (and potentially alimony). This area is especially nuanced, because orders may still be in effect from a previous marriage; thus, a parent could be paying child support or alimony twice.
It is common for second and later divorcees to both pay and receive child support or alimony. To make this process easier, the most useful action the divorcing parents can take is to create a comprehensive custody agreement on their own.
While the court is not obligated to approve this arrangement, amicably working through what is best for the children and most logistically feasible demonstrates strong evidence of a family’s preferred lifestyle.
The stepparent will need to decide whether they intend to petition as a de facto parent for any non-adopted children or whether the parties intend to maintain full custody of their own respective biological families in a clean split.
During the planning phase, families that elect to split custody should preemptively consider scheduling and logistics management. Presenting a plan to the court that outlines the division of responsibilities, which party intends to provide primary housing, and other similar elements can result in a custody arrangement that is more likely aligned with both parents’ goals.
In the event that parents do not agree about custody, the court will determine arrangements based upon what is in the best interest of the child.
The court will examine both parents’ financial situations, living arrangements, potential transportation and support options, and history with the children to learn about who has been the primary decision-maker in the past.
Family counseling and mediation are especially important for blended families going through divorce.
This can help children to understand how to maintain a relationship with any individuals they have affection for and establish boundaries with those they do not wish to remain in contact with.
Navigate Complex Custody with the Help of a Divorce Attorney
Blended families can be a loving environment full of varied life experiences. However, during divorce they face unique challenges, especially regarding child custody and alimony arrangements.
A divorce attorney at Milstein Siegel can help blended families to navigate complex custody situations during divorce to achieve the outcome most favorable to the children. Contact Milstein Siegel today to schedule your personal consultation.