Blended families are increasingly common today.
With rising divorce and separation rates and the formation of new couples, blended families now represent a significant share of households in France.
But this family model, while rich in diversity, also raises many legal issues: parental authority, rights of stepparents, visitation arrangements, inheritance, management of children’s property, and more.
Here is an overview of the key precautions to know in order to protect all members of a blended family.
1. Exercising Parental Authority in a Blended Family
Joint Exercise of Parental Authority
In most blended families, one parent lives with a new spouse or partner, alongside children from a previous relationship.
The principle remains that both biological parents jointly exercise parental authority, whether or not they live together. This means that major decisions regarding the child require both parents’ consent.
The family court judge(juge aux affaires familiales or JAF) has jurisdiction to determine the practical arrangements for this authority, ensuring continuity and effectiveness of the child’s relationship with each parent.
In case of disagreement, the judge may be petitioned to decide on residence, visitation rights, or child support.
Delegation and Sharing of Parental Authority with the Stepparent
Given the complexity of blended families, the law allows for partial delegation of parental authority to a third party—particularly the stepparent—under certain conditions.
This solution can facilitate daily life, especially when a biological parent is absent or lives far away.
Delegation must be authorized by the judge, in the child’s best interests, and does not deprive biological parents of their rights.
2. Visitation and Custody Arrangements
Practical Arrangements
In practice, visitation typically follows an every-other-weekend schedule plus half of school holidays. However, it may be expanded or restricted depending on the child’s best interests and each family’s situation.
Limitation or Suspension of Visitation
The judge may exceptionally restrict, suspend, or even revoke visitation rights in serious cases, such as danger to the child, domestic violence, or clear neglect by the non-custodial parent.
Since Law No. 2024-233 of March 18, 2024, the visitation rights of a parent prosecuted or indicted for a crime against the other parent or the child are automatically suspended until the family court judge issues a ruling.
3. Safeguarding Assets and Managing Property
In a blended family, managing the property of children from previous unions requires special care:
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- Parental administration of children’s property: The parent holding parental authority manages the child’s assets. In the event of death or separation, the surviving parent administers the assets, subject to judicial oversight if necessary.
- No rights for stepparents over children’s property: Stepparents have no legal rights over their stepchildren’s assets, unless through specific delegation or adoption.
- Estate planning: Parents may use wills or gifts to protect their spouse or children from the new union, while respecting the reserved share (réserve héréditaire) legally guaranteed to children from the first union.
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4. Grandparents’ Rights and Maintaining Family Bonds
Grandparents have the right to maintain personal relationships with their grandchildren, even in a blended family.
They may petition the judge to obtain visitation, custody, or, in exceptional cases, even residence rights.
However, the child’s best interests prevail and may justify limiting these rights.
5. Inheritance and Protecting the Spouse or Partner
Inheritance issues are particularly sensitive in blended families.
Children from a prior relationship are reserved heirs under French law.
A remarried parent, or one living in a civil union (PACS) or cohabitation, must anticipate their new partner’s protection through estate planning (wills, gifts, life insurance), while respecting the minimum share reserved for children of the first union.
6. Focus on Stepparents: What Is Their Legal Role?
In France, a stepparent has no automatic parental authority but may be entrusted with certain responsibilities by the judge, particularly through shared delegation.
In contrast, some countries grant broader rights to stepparents (Germany, Switzerland, the Netherlands, the UK).
French law, however, remains centered on the primacy of biological parents.
7. Practical Tips and Legal Precautions for 2025
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- Anticipate family arrangements in writing (parenting agreement, mediation, judicial approval) to prevent conflicts.
- Petition the family court judge whenever a serious dispute arises regarding parental authority, visitation, residence, or property management.
- Consider delegation of parental authority to the stepparent when necessary, to simplify daily life.
- Draft a will or make a gift to protect your spouse, partner, or new children, while respecting the reserved share of children from a prior union.
- Update civil status records and inform schools of the exact family structure to avoid administrative obstacles.
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Conclusion
Blended families, now fully recognized and protected under French law, nevertheless require constant vigilance and anticipation of tailored legal solutions.
Recent reforms strengthen child protection, ensure continuity of family ties, and prevent domestic violence, while providing tools to better integrate stepparents in the child’s best interests.
For guidance on securing your situation and anticipating potential challenges, do not hesitate to schedule a consultation.
© Photo : IA