Stepfather: His rights and responsibilities in a blended family
A stepfather supports his partner in raising and caring for her child. But what exactly is expected of a stepfather? Our article explains his rights and obligations.
stepfather before the law
When either parent of a child is in a relationship with a new partner, that partner is colloquially known as the stepfather. According to the law, stepfathers only have rights and obligations towards the child if the partners are married or live in a registered civil partnership.
Stepfather: the “small custody”
Although a stepfather has no parenting or custody rights over the partner’s child, he should assist her in raising and caring for the child. However, this can result in situations in everyday life in which men are unable or only to a very limited extent to act in relation to the child. So that the stepfather can have a say in everyday things, it is possible for his partner to grant him what is known as “small custody” in accordance with Section 1687b of the German Civil Code. This enables him, with the consent of his partner, to make decisions on issues that do not have a serious impact on his stepchild’s development.
Everyday decisions in terms of “small custody”:
- When and where should you go to the doctor?
- Which club should it join?
- When and how long is it allowed to visit friends?
- When and how much can they watch TV?
- How much should the pocket money be?
In addition, a stepfather can, for example, sign apologies for school or attend parent meetings.
However, he cannot decide alone in the following situations:
- In which kindergarten or school should the child be registered?
- Which surgical interventions must be carried out?
- What vaccinations should the child receive?
Please note: If an emergency situation arises because the partner’s child had an accident, the stepfather can also agree to a necessary operation without first obtaining the consent of the biological parents.
Stepfather: further rights
- Visitation rights: The stepfather is one of the stepchild’s close caregivers. However, if the partner separates from him, according to the law he has no right of access. However, if regular contact is in the best interest of the child, he or she can be granted visitation rights in accordance with Section 1685 (2) of the German Civil Code.
- Residence order : If the partner dies, the stepchild can stay with him through a residence order, provided the relationship between him and the stepfather is very good, even though the other biological parent has custody. However, the arrangement is limited, since staying with the stepfather is not generally considered to be permanent. Rather, it serves to make it easier for the child to switch and move to its other parent. However, the family court can extend the stay-at-home order if there is a suspicion that the child’s well-being would otherwise be endangered.
- Inheritance Law: In a legal sense, a stepfather is not related to his partner’s child. Therefore, even in the event of the death of the stepfather, it is not entitled to inherit. Stepfather and stepchildren can only inherit from each other if they have this notarized in advance in a will or inheritance contract.
Through the covenant of marriage, the stepfather has undertaken to support his partner in fulfilling her maintenance obligations. However, this does not mean that a request for payment can be made to him personally if his partner does not fulfill her maintenance obligation. Accordingly, the stepchild has no right to maintenance from his stepfather. As a spouse, however, the stepfather can be expected to contribute more to the joint costs of rent or food so that his partner can support her child. The financial support from a stepfather can therefore only be described as indirect.