Legal Question in Family Law in New York

marrying with children from previous marriages

What are the legal responsibilities required by step-parents for their stepchildren in New York? How does marrying someone with children affect one's life legally?Both husband and wife would be bringing children from previous marriages together. All children involved are 8 and younger.THank you for your time.


Asked on 5/08/06, 1:04 pm

3 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: marrying with children from previous marriages

Congratulations on your upcomeing wedding.

You have a responsibility to be a responsible adult with your step-children and to avoid all neglect/abuse. Your duties are much like that of a 'foster-parent'; to act like a normally responsible adult towards children in your care.

Good luck.

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Answered on 5/08/06, 1:55 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: marrying with children from previous marriages

Suggest that you consult with your accountant AND an attorney for the purpose of drafting a prenuptial agreement.

There are all the "legal" issues that attended your first marriage/s (divorces) multiplied by a lot more than 2. As you know, Those issues include but are not limited to: Child Support issues, Tax and Health Insurance issues, Estate matters, etc.

Also, Property resource and asset issues, as between new spouses, can affect Spousal maintenance and Child Support connected with children of the prior marriage. And, however you decide to hold resources, assets or property can affect prior stipulations or agreements with the prior partners, that may have impact on the children.

Good luck,

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Answered on 5/08/06, 3:31 pm
W. ADAM MANDELBAUM W. ADAM MANDELBAUM

Re: marrying with children from previous marriages

Unless you have formally adopted them, you have no financial responsibilities to your spouse's children. If you wish to provide for them in a Will or a Trust, you are certainly free to do so. Of course, you must act responsibly towards step children--a good rule of thumb being treat them like you would somebody else's children visiting in your home, 'cause that's what they are. You do not put a hand on them of course, and you do nothing that would jeapordize your spouse's custody of those children. (Yes, I know you could figure that part out, but what the heck, the advice is free). Want to look up NY law or official court forms? Go to

http://justiceneversleeps.net

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Answered on 5/08/06, 5:10 pm


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