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How does an adoption impact a divorce case?

When your family adopts a child, you and your spouse are promising to treat the child as a member of your family. You tell the court that you will care for the child and raise the child.

Unfortunately, some adopted children experience a lot of strife in their lives. This is sometimes compounded by the adopted parents getting a divorce. You have special considerations to think about since you have an adopted child if you are facing a divorce that involves one of these amazing children.

Do I have to get a child custody agreement?

You will have to get a child custody agreement for the child. Adopted children are handled in the exact same manner as biological children when the parents divorce. This means that you and your ex will have to decide on a visitation schedule and all the aspects of child custody that are necessary.

Will a child support order be issued?

Yes, a child support order will usually be issued in these cases. Adoptive parents’ obligations to the adopted child don’t end if they end up getting a divorce. Instead, child support orders will be issued if they are appropriate in the case.

You can opt to pursue mediation for all child custody issues involving an adopted child. This can give you some measure of control over what ultimately happens. Just as you would in other child custody and support cases, you could purse modifications to existing orders if the situation warrants the change. You should learn about all of these points before you proceed with your case.

Source: FindLaw, “Seeking Custody of an Adopted Child After Divorce: 3 Legal Tips,” George Khoury, Esq., accessed April 27, 2017


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