Divorce After Adoption – What Happens To Parental Rights?
If you are going through a divorce, you do not have to do this alone. This is a complicated process. our legal team at the Law Office of Gustavo E. Frances are ready to help you through this.
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Wednesday,
November 20, 2019.
posted in Divorce

On behalf of The Law Office of Gustavo E. Frances, P.A.

If you are going through a divorce and there are younger children involved, the process can become complicated. If you have a child that was adopted by one or both parents, you may wonder what will happen during the custody process. At the Law Office of Gustavo E. Frances, we are here to help during this difficult time. Our Fort Lauderdale child custody lawyers are ready to talk to you about your next steps. Today, we will briefly review the implications of adopted children and divorce.

What happens in an adoption case?

When parents make a decision to adopt a child, they are going so to bring stability to that child’s life. There are generally two common ways parents adopt children:

  1. Two parents adopt a child that is not biologically related to them.
  2. One parent adopts a child that is biologically related to their spouse.

Under Florida law, the rights of adoptive parents are the same as they would be if they were the biological parent. This means that the Florida family court system will treat the adoptive parent just like any other parent in a divorce.

Whether dealing with a case in which the child is not biologically related to either parent of where they are related to one and not the other, adoptive parents have all of the same legal rights as if they were the birth parents.

For example, if a man adopts his wife’s biological son and the two get divorced, the adoptive father has the same legal rights as the birth mother. The child’s biological father has no legal rights in this matter.

Both parents are required to support their children, and an adoptive, non-biological parent is required to pay child support.

Various types of custody

Both physical and legal custody need to be finalized in the divorce process.

Physical custody refers to where the child will live. This can be joint custody, with the child living equal time with both parents. It could also be sole custody, with the child living with only one parent and having visitation with the other.

Legal custody refers to which parent gets to make important legal decisions for the child, such as medical, school, and religious decisions. This, too, can be both joint and sole custody.

We can help you get through this process

If you are going through a divorce, you do not have to do this alone. This is a complicated process. If there are adopted children involved, you may be scared of what could happen during a custody battle. At the Law Office of Gustavo E. Frances, we are ready to help you through this. Our compassionate and experienced team will get into every aspect of this process with you and work to resolve all issues in the divorce fairly. It is time to get this done so you can move on with your children in your life. When you need a Fort Lauderdale child custody attorney, you can contact us by clicking here or calling 954-533-2756 for a free consultation.

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