The decision to adopt a child is just one of the pivotal life choices that are made by couples involved in a marital relationship. Adoptions can also come up in a scenario where a spouse desires to adopt the biological child of the other spouse. In either scenario the purpose of the adoption is the provide the child with a stable, nurturing environment to grow up in. This purpose continues even in the midst of a divorce. Essentially, although a divorce may arise which could end the relationship, no couple or spouse embarks upon the decision to adopt a child with an idea that a divorce is possible. Nonetheless, divorces do happen and it is often necessary to deal with the effect that a divorce will have on custody and other issues associated with the dissolution of the marriage.
It is important to note that after an adoption has been finalized, a divorce does not affect the legal parental rights. Prior to a stepparent petitioning the court for the adoption of a child the parental rights of the biological parent must be terminated. During this process the non-custodial parent terminates all parental rights. The stepparent must then petition the court in order to adopt the stepchild. As is the case with all issues related custody and or support of children, the court’s main consideration is what is in the best interest of the child.
Whether it is a matter involving pursuing the termination of the biological parent’s rights for the purpose of an adoption or the pursuit of an adoption by a couple the advise of an experienced attorney is critical to ensure that your rights are protected. The Faucette Law Firm specializes in divorce, adoptions, custody and modifications. Contact our law firm today for a consultation.