What is the legal significance of calling a stepparent “Mom” or “Dad”? Among the cases that shed light on this issue was B.S. v. T.S. (2013), a New Jersey case that dealt with stepparents’ rights and children’s wishes. This is a case of the relationship of a child with the stepparent concerning whether the child could address or refer to the stepparent as “Mom” or “Dad.” The court said that children can address a stepparent, “Mom” or “Dad,” when this decision is voluntarily made by the child and not used in derogation of the biological parent. The ruling in this case underscored the child’s autonomy in terms of what to refer to his stepparent as.
When similar cases go before the courts, court decisions are often influenced by a number of factors, usually brought forth by one biological parent who does not like the child calling their stepparent “Mom” or “Dad.” First and foremost, there is a consideration of the child’s preference. The feelings and preferences of a child are paramount in every family law matter, more so when it relates to the titling of stepparents. Consequently, the courts will take into consideration the titles’ impact on the child’s psyche, as well as relationships with both biological parents and stepparents, when considering what serves the best interest of the child. In doing so, it establishes the legal right of a child to refer to their stepparent as “Mom” or “Dad.” The dynamics between the child and their stepparent will affect the court’s view. For instance, if a stepparent is positive and supportive of the child, then it could favor allowing the child to use the title.
A decision regarding titles has the potential to affect everyone. For the children in particular, the title “Mom” or “Dad” used with stepparents may be confusing at minimum and guilt-provoking; whether it promotes a sense of belonging for them or if it causes them stress really depends on the dynamic inside the family. This may threaten or marginalize the biological parents, who might resent such a title on the stepparent and further feel insecure about their position, hence deepening conflict with the co-parent. Ultimately, it is the child who is most susceptible to this conflict. Often, the stepparents, too, wrestle with their appropriate place within the family. Being called “Mom” or “Dad” can affirm their bond with the child, even as it may also invite backlash from the biological parent.
The question of whether children can call their stepparents “Mom” or “Dad” requires careful consideration of emotional dynamics, legal precedents, and the child’s needs. When parents disagree on whether a child can call a stepparent “Mom” or “Dad,” our compassionate family law attorneys at Bronzino Law Firm can assist in navigating this sensitive issue. First and foremost, we will advocate for the child’s best interests. We can help articulate the child’s needs and preferences in legal contexts. Our lawyers can also facilitate communication, mediating discussions between parents and stepparents to promote understanding. Importantly, our experienced attorneys can offer counsel on the legal implications of parental titles and help families understand their rights.
Our team is committed to helping clients in Lavallette, Point Pleasant, Ocean Township, Long Branch, Belmar, Manchester, Bradley Beach, and throughout Monmouth County and Ocean County to navigate this sensitive territory and come to custody and co-parenting agreements that address all of the unique and significant aspects of each individual family’s circumstances. Contact us today at (732) 812-3102 to confidentially discuss your case in a free consultation. We’re here for your family!
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