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How is divorce different with adopted children?

July 4, 2018 in Uncategorized | MARTIN WREN, P.C. | LEAVE A COMMENT

It can be an exciting time when a couple decides to bring a new member into the family. They may feel complete, like their family is now whole. However, they probably don’t give much thought about the possibility of divorce in the future. It seems grim to think of such a terrible situation in the midst of a happy one, but adding an adopted child will complicate the process should you get divorced in the future.

The information below is a general guide to detail some possibilities of how your divorce may affect your adopted child, and how to help your child cope throughout the divorce process. Included is also information to help you protect your family’s rights and how to co-parent with your ex-spouse.

Taking Important First Steps

When a couple is sure that divorce is the best solution for their family, there are steps necessary to take in order to make sure the divorce is efficient and as quick as possible. The rights and responsibilities you have to your adopted child are the same as if they were your biological child, which makes some of the co-parenting decisions similar.

The foremost important step is to hire a lawyer that you feel you can trust with your case. Even when the divorce is favored by both parties, legal counsel is preferable since they should have more knowledge about the complexities of divorce proceedings and can protect you. Your attorney can also help with estate planning affairs to protect your finances and update your estate documents.

Custody Arrangements and Child Support

You should work out a custody arrangement before your divorce decree is finalized to ensure a smoother and quicker transition for your children. As soon as it is implemented, it can provide stability during a tumultuous time. Your attorney will assist you in providing all the correct paperwork for you and your spouse to fill out to finalize custody and medical decisions, but ideally the two of you should make the decisions on your own.

You still have a right to child support when your child is adopted. Also note that adoption subsidies from the federal government do not affect the calculation of child support because they are designed to help people with special needs children. A custodial father is also entitled to child support as a custodial mother. You attorney will be able to look at your case and determine what you may be paying based on your state’s laws.

Know Your Rights, and Protect Them

Despite the adoptive relationship, you have the right to see your children. Your rights and the rights of your child are protected by law and your ex-spouse must honor those rights. If you have questions about your case, visit a family attorney Collin County, TX residents rely on. They will be able to review the particulars of your case and give you a sense of your divorce situation. Don’t hesitate if you feel your rights are being infringed upon.



Thank you to our friends and contributors at Scroggins Law Group for their insight into family laws.

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