The question that is often asked is whether stepparents have rights when it comes to their stepchildren and/or fall into the category of family or extended family. So, does this mean that your stepchildren have no inheritance rights at all? Step-parenting: the basics. Eligibility will depend on the individual circumstances of each case, as each family is different, which is why it’s important to seek legal advice to determine if eligibility even exists before pursuing a claim. Most stepfathers want to be fully involved in the lives of their stepchildren and help their spouse with parenting responsibilities. In 2007, the husband and wife approached a private school to enlist the son. I know he had money, I want none of it. In most states, a stepparent does not maintain the same custody rights as a biological parent. Sectional Title Properties: WHO IS RESPONSIBLE TO MAINTAIN AND REPAIR LEAKING PIPES? For short holidays, depending on the child’s age and maturity, parents will usually alternate these, so that one parent will get the children over that holiday this year and the other parent will have them over the particular holiday the following year. 50% of the 60 million children under the age of 13 are currently living with one biological parent and that parent's current partner. Where there are no parents, the deceased’s estate will be … Because a step parent is not biologically related to a child, she has no rights in regards to that child's placement, health or welfare. Clearly it would therefore be a stronger claim if your step parent helped you financially or assumed … How can I prevent these problems for my stepchildren? Stepfathers Have Fewer Rights. Section 23 of the Children’s Act does however grant stepparents the right, as persons having an interest in the care, well-being or development of a child, to apply to the courts for an order granting them rights to care for or have contact with a child. You can acquire parental responsibility through the signing of a Parental Responsibility Agreement to which all other people with Parental Responsibility consent. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. The Judge held that the husband was obliged to pay the son’s school fees. The 1990 US Census stated there will be more stepfamilies than original families by the year 2000. As a step-parent you don’t automatically have legal parental responsibility for your stepchild. 3. Breakdown in the trust relationship continued – is direct evidence required by the employer? General Step Parents Rights. Step- Children and Adopted Children . Ferndale Being a step-parent may very well be the most challenging thing I have ever done in my life. Parents or eligible students have the right to inspect and review the student's education records maintained by the school. One step-parent may have never been a parent before, and therefore may have no experience of the different stages children go through. Do step-children inherit anything from their step parents in a second marriage Dear Mr. Premack: My mom was married to my dad and I was their only child. When you become a step-parent, it’s normal to wonder whether you should act like a parent from the start, or take a wait-and-see approach. Case study. General The best interests of the child standard in Section 7 of the Children’s Act recognises the need for children to remain in the care of their parents, family and extended family, and maintain a connection with his or her family and extended family. It is interesting to look at the definition of parental responsibility. If both parents remarry partners with existing families, it can mean children suddenly find themselves with different roles in … 992 Fredenharry Road Consumer Protection Act: Overbooking and Overselling, Section 61 of the Consumer Protection Act. A parent’s duty is in no way affected by his/her re-marriage. If you are concerned about your custody rights as a stepparent, you should consult a family law attorney in your state to see how the law pertains to your specific situation. In general, step parents have no legal rights over a non-biological child unless they have legal custody. So in terms of will-making, you have no obligation to leave anything to your step-children. In considering such applications the court will always consider the best interests of the child in question, the relationship between the stepparent and the child, the degree of commitment that the stepparent has shown towards the child, the extent to which a stepparent has contributed towards the expenses of the birth and/or maintenance of the child, and any other factor which should, in the opinion of the court, be taken into account. One of the issues contested during the divorce trial was the wife’s contention that the husband was obliged to pay the school fees of that of the son as long as the latter remained at the private school. The law provides a right for children to have a relationship, subject to any safety considerations, with their parents. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have … But where one spouse has substantial assets, estate planning can be difficult. This means you can’t legally authorise medical care, apply for passports, sign school forms and so on. Stepfathers Have Fewer Rights. A good thing about South Africa is its law which regulates family affairs. If you don’t name stepchildren in your will, they can contest your will after you die, but they’d succeed only in limited circumstances. As you will have read step parents do not gain automatic parental responsibility. My children are his grandchildren!! States want to keep a family intact so long as doing so is in the best interest of the child. Therefore, if you have step-children that you would like to benefit from your Estate after your death, then you must put in place a legally valid Will specifically naming the step-child or step-children you wish to include. Overall, step-children do have the right to make a family provision claim on the Estate of their step-parents, provided they can establish eligibility. BA LLB University of the Witwatersrand 1984 The husband had promised to do this and the law would be blind if it could not hold him to his promise. Therefore the son had the right to expect from the husband to provide him with the family and parental care that section 28 contemplates. My mother divorced him 7 years ago. Lectured for Continuing Legal Education on Information Technology issues. Litigation, Labour Law, Commercial Law, Family Law, Pension and Provident Funds, Customs and Excise, Wills, Deceased Estates, Trusts, Commercial Agreements, Reviewing and Drafting Government Legislation, Information Technology. Would all the stepchildren have rights upon intestacy of the step-parent. Expertise Kids can see right through that." Although the husband had formed a very strong bond with the son and the son took on the surname of the husband, the latter did not adopt the son. Four states, Alabama, Florida, Iowa, and South Dakota, foreclose this right entirely to step-parents. Ian McLaren BA LLB (WITS) stepparents' right to discipline generally Just as a biological parent who has custody and control over a child has the right to discipline a child in a reasonable manner, so too does a stepparent who stands in loco parentis to a child have the right to discipline a child in a reasonable manner. Similarly, a child from a first marriage does not have priority over a child from a second marriage when it comes to maintenance obligations. There have been many queries about step-parent adoptions and there seems to be little information regarding what is involved in the process from a South African perspective. Transvaal Provincial colours for Practical Shooting. However, any children born of the subsequent marriage will be taken into consideration when calculating maintenance. A step-parent is under no obligation to support a step -child. Intestacy Dying without leaving a will is called intestacy. Just about everyone is familiar with the saying that “blood is thicker than water.” Apparently, the Texas legislature agrees. Rewards of being a step-parent Both parents of a child have equal rights and responsibilities, but when they are not living together, specific rights and responsibilities may be given to one parent, either by court order or agreement between the parents. There’s no one right way to be a step-parent. Even adult stepchildren who have been adults throughout the duration of the relationship between their parent and the step-parent can still claim under the Inheritance Act. Both the son and the wife relied on this representation and that, in pursuit of the obligations implicit in this ostensible relationship, the husband joined with the wife in deciding to place the son in a private school with the undertaking to pay the school fees. 8.2 The Diversity of Family Forms in South Africa 8.2.1 Current South … But if you want to provide for stepchildren, you must name them in your will. Are employers required to accept and pay out extended notice periods to employees. How can you carry on your relationship with your stepchildren? They will then divide the share that would otherwise have gone to their deceased parent equally between them. It was enough that the husband held himself as the son’s father. Founded McLarens Attorneys September 1986. Every U.S. state's laws favor the rights of biological parents over all others. If you have stepchildren and you separate from their parent, you might want: to carry on your relationship with those children, and; to keep being like a parent to them. 011 475 2845 law@leeuwmar.co.za HOME South Africa. Other States want to keep a family intact so long as doing so is in the best interest of the child. Can stepchildren be listed on your Medicare card? Estate Planning for Blended Families Stated otherwise, the relationship of stepparent and stepchild does not, in and of itself, impose any obligation of support. The Family Law Act 1975 (Cth) provides that there is a presumption of ‘equal shared parental responsibility’. In fact, there is no law (in any state) that requires you … The major exception to this is in the case of child abuse and is examined on a case by case basis. Parents have a legal duty to financially support their biological children but necessarily their step children. The deceased’s parents, brothers and sisters will inherit nothing. Photographer and motor cyclist What is required to be eligible is that your step-parent (as the spouse of your parent) assumed the responsibilities and privileges of a parent. In the case of duties such as pick-up from school and transportation, a stepfather is within his rights as long as the child's mother has signed an authorization. Tarzan and Jane were married to each other and stayed in the jungle with their son, George. Law Society of South Africa Information Technology Committee. 80% of remarried, or re-coupled, partners with children both have careers. by Editorial | Jan 9, 2016 | FAMILY LAW |. Stepparents have no legal rights to a stepchild, both in terms of physical custody and the right to make important decisions about the child’s health and schooling. When only a spouse survives the deceased; When married spouses do not have children and one of the spouses dies, the surviving spouse will inherit the entire estate. There is actually not a big difference in the process between step-parent adoption and regular adoption. 2. You'll probably also want to know if you have to pay support for the children. Special circumstances do exist. This does not mean that the step parent does not have an obligation to ensure that the child is well cared for, but rather that the step parent has … Regardless of the state, most courts use the "best interests of the child" test to determine whether to award a step-parent requested visitation. Legal Standard Applicable to Step-Parent's Visitation Request. What perhaps is less appreciated is the legal rights of stepchildren when it comes to inheritance. This means that if a custody battle ensues for any reason, the courts will often maintain the custody rights of the biological parent. The finding was also in accordance with section 28(1) of the Constitution of South Africa in that every child has the right to family care or parental care, or to appropriate alternative care when removed from the family environment. In some circumstances, a step-parent may have financial obligations to step-children that continue after they are divorced from the children’s natural parent. Parental rights and responsibilities over a Child in South Africa The rights and responsibilities of a parent is set out in the Children’s Act 38 of 2008 (the “Children’s Act”) and can be defined as a complex set of rights, duties and responsibilities which have to be performed in the best interest of the child. According to the Children Act 1989, it defines parental responsibility as “all the rights, duties, powers, responsibilities and authority” that a parent legally has in respect of the child concerned. Telephone: 011 475 2845 This article explains the process and requirements. Case study. Visitation rights for fathers in South Africa will often allow fathers to alternate holidays with the other parent. Parenting is tough enough in and of itself, but at least with the children I birthed I know that I can make a major parenting mistake and they will laugh at me and forgive me for my shortcomings and then forget about it by the time they get home from school. They both completed and signed, as father and mother, the application forms for the boy’s admission to the school and he was accordingly accepted and enrolled in such a school. Changes in family relationships. Students to whom the rights have transferred are "eligible students." Step parents may have no legal obligation to carry out their partner’s wishes. He was the only father I've had my entire life. The Children’s Act does not specifically recognise the role of stepparents in the lives of a child and does not afford them any automatic rights towards the child. Right of Appearance High Court, October 1996. TERMINATION OF ELECTRICAL SUPPLY TO A PROPERTY DUE TO ARREAR HISTORICAL DEBT INCURRED BY THE PREVIOUS OWNER, IMPORTANCE OF A FIDELITY FUND CERTIFICATE ISSUED TO THE MEMBER AS WELL AS THE CLOSED CORPORATION. (If you have adopted them, they are legally your children, with the same legal connections to you as children born to you.) The principle in South Africa is that a spouse has no general duty to support a step child unless the child is adopted, but a new case changed that. However, irrespective as to the aforementioned principal, stepparents should take duly note of the case law MB v NB 2010 (3) SA (GSJ), the facts that were as follows: The plaintiff, MB (the wife), a widow with a teenage son, married the defendant, NB (the husband). Educated St Johns College, Houghton. Parental rights and responsibilities over a Child in South Africa The rights and responsibilities of a parent is set out in the Children’s Act 38 of 2008 (the “Children’s Act”) and can be defined as a complex set of rights, duties and responsibilities which have to be performed in the best interest of the child. My step father passed away 2 months ago. Generally speaking, this means that whether a stepparent is able to be part of a particular child’s life is largely subject to parental authority and dependent on the relationship the stepparent may have with the parents or holders of parental rights and responsibilities. Defining Step-Children in your Will. Does this mean I have no legal right to ANYTHING after his death. A parent’s duty of support towards his/her child is not affected in any way by a remarriage and a stepparent is also under no obligation to support a stepchild. Step-parents cannot acquire parental responsibility once they are divorced from the natural parent. Similarly, a child from a first marriage does not have priority over a child from a second marriage when it comes to maintenance obligations. The husband agreed to adopt the wife’s son (the son) who was born from a previous marriage of the wife. Overall, step-children do have the right to make a family provision claim on the Estate of their step-parents, provided they can establish eligibility. The prevailing principle in South Africa is that a spouse has no general duty to support a child born of another marriage unless the child is, in consequences of a formal adoption and deemed to be his or her own. It is therefore clear that although there is no reciprocal duty of support between a stepparent and a stepchild, that if a stepparent assumes the role of a parent he/she thereby attracts a legal duty to maintain such a stepchild. 279 Long Ave » What rights do stepparents have? A parent’s duty of support towards his/her child is not affected in any way by a remarriage and a stepparent is also under no obligation to support a stepchild. all the duties, powers, responsibilities and authority which, by law, parents have in relation to a child. Randburg biological parents, the management of parental responsibility where sever al people simultaneously have parental responsibility or incidences thereof in relation to a child, and the termination of parental responsibility. You don’t have to include stepchildren in your will. Special circumstances do exist. IN THE HIGH COURT OF SOUTH AFRICA (CAPE OF GOOD HOPE PROVINCIAL DIVISION) CASE NO: 13967/2007 ... What would the minimum length of time be during which the person concerned would have acted as a step-parent. English Law states that, for inheritance purposes, the definition of “children” is different from “step-children”. Under the common law, a stepparent has no duty to financially support a stepchild during the marriage to the child’s natural parent merely by reason of the marriage. The question that is often asked is whether stepparents have rights when it comes to their stepchildren and/or fall into the category of family or extended family. The wife relied on the agreement to pay maintenance that she contended was implicit in the husband’s agreement to pay the son’s school fees. What rights do stepchildren have towards a step parents estate - Answered by a verified Estate Lawyer We use cookies to give you the best possible experience on our website. Strubensvallei, 1724 Legal update in regards to Employment Law. Every U.S. state's laws favor the rights of biological parents over all others. Trustee Verney College Educational Trust That is still the case in the unfortunate event of a birth parent dying. Only if the parent does not have children or grandchildren will the other parent inherit the entire estate. April 22, 2019. SECTIONAL TITLE: WHO DETERMINES THE ANNUAL LEVY INCREASE? Generally speaking, this means that whether a stepparent is able to be part of a … Saturday: 09h00 – 13h00, False, misleading or deceptive misrepresentations in terms of the Consumer Protection Act. E-mail: law@leeuwmar.co.za, Monday – Thursday: 07h00 – 21h00 Courts review whether continuing the child's relationship with a step-parent enhances the child's life and … Third degree Black Belt JKS Karate. Parental rights and responsibilities South Africa. Parental responsibility, in relation to a child, means . This does not always extend to non biological children, including stepchildren. During 2008 the wife instituted a divorce action against her husband. He has no other children. Over time you’ll find a way of step-parenting that suits you and your family. Tarzan and Jane were married to each other and stayed in the jungle with their son, George. There is an old adage that the punishment should fit the crime, case in point. Both parents of a child have equal rights and responsibilities, but when they are not living together, specific rights and responsibilities may be given to one parent, either by court order or agreement between the parents. Step-children are the children of your partner or spouse, if you haven’t adopted them. "Though they have good intentions, many stepparents try to buy their stepchild's love through lots of gifts or by being the really cool parent. If only one parent is alive, the dead parent’s children or grandchildren will inherit in the place of their parent. There is no legal tie between you and your step-children. Step-parents' rights and responsibilities. According to the Texas Estate Code, stepchildren do not figure into the law on intestate succession. When we look at legislation. 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There ’ s school fees of ‘ equal shared parental responsibility, in relation to child... And Overselling, section 61 of the subsequent marriage will be taken into when! Probably also want to know if you haven ’ t legally authorise medical care, apply for,! Son ’ s father provides a right for children to have a legal duty to financially support their children... Born from a previous marriage of the child the biological parent by basis! Responsibilities and authority which, by law, parents have in relation a! Stepchildren have no inheritance rights at all that “ blood is thicker water....