What to Expect if Adoptive Parents Are About to Divorce

Parents carry a major responsibility of taking care of their children and attending to all of their needs. This includes giving them a safe and loving home, food and medicine for good health, proper education, and other material needs. Taking care of your children can surely be one journey that parents will remember for the rest of their lives.

However, adopting a child is a noble act. The decision to adopt a child can be due to various reasons. Nevertheless, all children, whether biological or adopted, deserve to be loved and be taken care of. In return, their adoptive parents should commit to treating the adopted child as if he or she is their own blood and flesh.

But what if the adoptive parents decide to hire divorce lawyers and end their marriage for good? What will be the legal impact of the divorce to the adoptive child? Are there things that the soon-to-be-ex couple need to consider that can potentially affect their adoptive child’s adoption status?

Of adoption and divorce

First of all, the divorcing couple should contact experienced family lawyers if they decide to part for good. During the divorce process, the couple should consider several things that can potentially be affected once it becomes final. One of the major factors is child custody.

But what if the couple are adoptive parents to a child? The answer is that both parties still have the legal responsibility and rights to their adopted child. Technically, the spouses entered an agreement prior to the child’s legal adoption. This means that the child is considered your own and can benefit from child support in the event that the adoptive parents’ divorce.

In such cases, it is best to hire child support lawyers to help you with concerns regarding child custody and support. Even after the divorce, the ex-couple still has the responsibility of deciding for their adopted child (unless in certain cases) in terms of education and other aspects of the child’s life. Nevertheless, the welfare of the child, whether biological or legally adopted, is still a top priority over everything else.

What if the couple decides to divorce during the adoption process?

There may be cases wherein the couple decides to hire spousal support lawyers and end their marriage while awaiting adoption results. In such cases, the impending divorce won’t cancel their adoption intent. However, it may depend on the type of adoption. Among common types of adoption include the following:

  • Consensual adoption – occurs when the biological parents voluntary give up their parental rights and choose to pass that right to adoptive parents. In some cases, the biological parents require foster parents to be married.
  • Foster care adoption – occurs when the biological parents are removed from their parental rights by the state. In the case of divorce, the court will decide on the potential effects of the adoption.
  • Step-parent adoption – when the biological parent’s new husband/wife expresses a desire to legally adopt the former’s child(ren)
  • International adoption – involves a child’s adoption outside the US, in which the adoption law of the country of origin will be followed.

What happens if the divorce happens before the adoption process?

More often than not, hiring divorce lawyers to end your marriage can put an adoption process on halt. It will also depend on the type of adoption they have gone through. Here are some possible outcomes that can affect a child’s adoption case.

  • Under consensual adoption, the birth parents can express their interest to get their child back if they learn that the supposed adoptive parents are filing for divorce or misrepresented themselves as married.
  • Under foster care adoption, the biological parents have no rights to revoke the adoption even if the adoptive parents are filing for divorce. The court will then step in and make the final decision whether to grant the adoption or not.

For the sake of the child

Even if the adoptive parents’ divorce, the adopted child’s welfare should be the priority. Usually, the US government would provide subsidies for the adopted children through the Title IV-E Adoption Assistance scheme. Child support lawyers would also advise parents on providing all aspects of support to the child especially if he or she is considered a dependent.

Divorce is never an easy thing, especially in children. In such cases, it is best to hire top-rated divorce lawyers in Alexandria VA for your legal concerns. Contact one today!

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