FAQs About Filing a Divorce With an Adopted Child

If you and your partner have decided to call it quits and you have an adopted kid or were finalizing the adoption procedures, you're probably in the dark about the laws and processes regarding divorce that involves an adopted child. But worry not. Here are four common questions about filing for divorce when you have an adopted child.  Does Separation or Divorce Terminate Child Adoption?  The answer to this question depends on the adoption option that you and your soon-to-be-ex selected. There are several  adoption options , the two most common ones being consensual adoptions — which include open adoption and agency adoption — and foster care adoption.   In a consensual adoption, the biological parent(s) has to voluntarily and legally agree to give their child up for adoption. If they decided to give up their parental rights because they were convinced that a married couple would adopt their child, they might ask to have their consent overturned if the married couple decides to separate or end their marriage.  But things are different for foster care adoption. The biological parent's rights and privileges are terminated, which means that they have no rights to express their opinions on how a separation or divorce will affect the adoption rights.  Another way that adoption can be canceled or derailed is if there is strong evidence that the couple was already anticipating separation or divorce before or during the adoption procedure.   What Determines the Adopted Child's Custody?  As in divorce and separation cases involving biological children, you can make custody arrangements in a divorce involving an adopted child through one of the following methods:  

• Method 1 : The divorcing parents can come up with a mutual custody agreement and make it legally binding.  
• Method 2 : The couple may reach an agreement through the help of their legal representatives. 
• Method 3 : The child custody dispute may be litigated, and the court will have the final say on who should win custody. The court generally decides custody cases based on the child's best interests. 

Irrespective of the option you and your ex-spouse choose to come up with in your custody agreement, it's great to have a family law attorney by your side. The attorney can use their experience and vast knowledge in family law to help you receive the best possible divorce and custody arrangement.  Can You Get Child Support After Winning the Adopted Child's Custody?  Yes, you can. When you and your partner adopted the child, you became the legal parents of the adopted child. You both got parental rights and obligations, which include equal responsibility to care and provide for the child. If you win custody, your ex (as the noncustodial parent) will be required by the court to pay for child support.   When Will Your Ex-Spouse Stop Paying Child Support?   Your ex's parental responsibilities will end when the kid reaches the legal age of adulthood (typically 18). But your ex won't stop making payments automatically when the child turns 18. If they want to stop paying for child support, they'll need a court order or your written consent that allows them to stop making payments.   Note that the answers in this guide only equip you with the basic information about what to do and expect in a divorce that involves an adopted child. You should consult a family lawyer before beginning your divorce process. A lawyer may provide you with legal advice that can help you make the right decisions and increase your chance of winning custody.   If you are in Florida and planning to file for divorce, don't do it alone. Our lawyers are committed to providing the legal assistance you need through the adoption process.  Contact us  now for more information.