When a marriage ends in divorce, who gets custody of the children is a major issue that has a significant impact on everyone involved. Whether the children are biological or adopted, the family bonds are usually just as strong so deciding custody and support issues can be complicated.
If you are in the process of a divorce or thinking about it and have adopted children, you probably want to know what will happen to them.
Agreement between divorcing parents
Family courts have jurisdiction over the dissolution of marriages. These courts treat biological and adopted children the same when it comes to divorce. This means parents are expected to comply with the same obligations of financial support and time-sharing whether the children are biological or adopted.
If the divorcing parents can get along, they might be able to reach an agreement about custody. These types of cases are usually much faster and less painful for all parties. However, even if both parents have agreed to all terms concerning custody and support of adopted children, a judge still has to ratify the agreement to make sure that it is in the best interest of the children. The judge will make changes to the agreement if necessary.
When a judge decides
Often, divorcing couples are unable to reach an agreement about who gets adopted children and financial obligations. When this is the case, a judge will make the final verdict and issue a parenting plan.
The children’s welfare will be the main focus. Important factors and circumstances considered in this legal procedure include the children’s relationship with both parents, special needs, the children’s preferences, both parents’ economic situation and anything else that can impact the quality of the children’s life.
While it may be difficult to deal with custody and support issues when adopted children are involved in a divorce, a resolution that benefits everyone is possible. Make sure you are aware of your legal rights and those of the children to make this happen.