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Child custody negotiations are never simple — they involve a high level of emotion and legal wrangling. Unfortunately, it’s a reality in today’s world that parents don’t always stay together, so how can you negotiate the sometimes rocky waters of child custody to make sure that the children can stay together? This becomes even more of an issue when the children are stepsiblings. Following are a few facts to consider, to ensure your family can remain a family even in the face of divorce. Custody Issues with Stepsiblings When parents legally split up, a divorce decree spells out custody arrangements for the couple’s children, and the circumstances under which parents are allowed to visit with the children. This can often be worked out between parents, either by themselves or with the help of an attorney or mediator. If no arrangement can be reached through these means, the court may then intervene to make a decision based on the children’s best interests. In the case of stepsiblings, however, when the children are not biologically related to one another, the situation can become confusing. No laws exist to guarantee stepsiblings the right to see each other. In that case, the onus is on the parents to accommodate these arrangements. Many experts in child psychology assert that, aside from the parent-child relationship, the sibling relationship is most important to a child’s healthy emotional development. It provides a context for social development, as siblings teach one another social skills through their interactions. If your children are a big part of each other’s lives, it is critical that they are allowed to remain in contact, even if you and your partner are no longer together. Legal Implications Today, the family court system holds to what is in the best interests of the children in a divorce. If you reach a custody and visitation agreement with your ex-spouse, those agreements cannot be modified without showing a substantial, material or unanticipated change in circumstances. Any changes must also prove to be in the best interests of the child once again. Experts strongly advise that individual parents not enter into a custody agreement without fully understanding the terms and conditions and making sure that it is satisfactory to all parties, because changing it will likely take time. If you want your children to be a part of each other’s lives, that needs to be spelled out from the beginning. If relations are contentious between yourself and the other parent, however, you may be in for a fight. A Bitter End If the divorce is bitter and parents are unable to come to an agreement on their own, they can expect the court to intervene. If you want to ensure that your children will be able to maintain their relationship with their stepbrothers and stepsisters, it is critical that you enlist the help of an experienced family law attorney. Your lawyer will assemble the documentation necessary to demonstrate the importance of this relationship to a judge. It’s possible that the judge will ask to hear from the children themselves, to determine the depth and nature of their sibling relationship. If children have been raised as siblings, even without the benefit of shared parentage, they may be able to stay in contact, even in the absence of parental involvement. As with any legal matter, however, the representation of a professional attorney is critical. Contact a family lawyer in your area for help with child custody and visitation agreements.
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