Stepparents and De Facto Parentage

Last week, the Washington State Division III Court of Appeals issued a new ruling which changes the landscape for many stepparents in establishing a right to parent a stepchild when the child has two living legal parents.

In In re J.B.R., the court held that the doctrine of de facto parentage may be extended to such situations if the stepparent establishes the relevant factors, which include establishing that both legal parents consented to the stepparent being a parent to the child.

The legal father in this case had no contact with the child after he was two years old. The mother married the petitioner, and the child and the petitioner had a parental-like relationship. In any case, a person petitioning for de facto parentage must show that:

(1) the natural or legal parent consented to and fostered the parent-like relationship,
(2) the petitioner and the child lived together in the same household,
(3) the petitioner assumed obligations of parenthood without expectation of financial compensation, and
(4) the petitioner has been in a parental role for a length of time sufficient to have established with the child a bonded, dependent relationship, parental in nature.

In fact, this extension of the de facto parentage analysis can create a situation where the child has two legal parents and a de facto parent, which is given legal parity to a legal parent. De facto parentage is an ever-evolving area of law. I expect that this case will be appealed to the Washington State Supreme Court and additional litigation will arise due to this new decision. If you have questions about de facto parentage, please schedule a consultation at (425) 869-4040.

What is Spousal Maintenance?

A request for spousal maintenance, sometimes referred to as spousal support or alimony, is often a part of a dissolution or legal separation proceeding. In Washington, spousal maintenance is meant to rehabilitative, and is rarely ordered for the lifetime of a party. Because Washington is a no-fault dissolution state, marital misconduct is not a basis to include or exclude maintenance.

In analyzing whether to award maintenance, the court will consider factors such as:

• the financial resources of the party seeking maintenance, including property to be awarded;
• the ability of the party seeking maintenance to be self-sufficient without assistance;
• the time and education needed by the party seeking maintenance to become self-sufficient;
• the standard of living established during the marriage;
• the duration of the marriage;
• the age, physical and emotional condition and financial obligations of the spouse seeking maintenance; and
• the ability of the spouse from whom the maintenance is sought to meet his own needs and obligations while paying maintenance.

These factors are non-exclusive, so the court may consider other facts in the case. As a general rule, in the case of a short term marriage, the court will seek to put the parties in the same financial position that they came to the marriage in. In the case of a long term marriage (25 years+), the court will look forward to place the spouses in a similar economic position for the rest of their lives.

Dealing with divorce can be a daunting task, and if you or your spouse is requesting spousal maintenance, it is best to seek legal help regarding your rights and the law. If you are interested in learning more about spousal support, please schedule a free consultation to discuss your case.

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Rachel Luke is a attorney in the Bellevue office of Wong Fleming. Ms. Luke practices family law and represents clients on divorces, custody issues, parenting plans, child support, and more.

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