Adoption and Divorce

There are generally two situations in which an adoption occurs in a family. Both parents adopt a child together, or a stepparent adopts a child that is already the legal child of the other parent. The first parent might be the child’s biological parent, or he or she might have adopted that child alone originally. Adoption is generally a joyful time in a family’s life and one that serves to bring everyone closer.

If that marriage later ends, it is common to have questions about how the adoption will affect custody and parenting time.

If you and your spouse adopted a child together, you are both the child’s legal parents and both of you have equal rights to legal decision-making and parenting time. The fact that you adopted the child does not cause your case to be treated any differently and your adoption is not affected in any way by the divorce. The court will decide custody based on what is in the best interests of the child.

If your child was adopted by a stepparent, you may wonder if this will impact the court’s decision. Once a stepparent adopts a child, that stepparent becomes a legal parent and is completely equal with the other parent in legal standing. Each are entitled to seek legal decision-making and parenting time. When considering the best interests of the child though, the court considers a number of factors, including the child’s past relationship with each parent. Because of this if the adoption is recent, a stepparent who adopted is unlikely to become the primary parent in most circumstances.

The Sampair Group takes your custody case seriously. Our attorneys understand how much it matters to you and because of this, it matters to us. Schedule an appointment with us in the Mesa or Glendale areas of Arizona.