Divorce, Adoption & Custody Rights

A divorce has repercussions whether it is negative or positive on your life and that of the people all around you. When two spouses decide to part ways they are agreeing to end their legal relation with one another. Yet, some relationships, rights and responsibilities continue to exist even after a divorce such as those of a child from the wedlock. However, there is confusion in this regard; most people think that children that are born to the parents or ones that are adopted into the marriage have different rights. However, in most situations, this will not differ barring a few exceptions.

Legal rights of an adopted child

When parents decide to adopt a child during their marriage, they are agreeing to fulfilling each and every obligation of the child same as that of one born out of a wedlock. They have a duty to provide for the child and give them reasonable care. They also have the right to make all the important decisions in the child’s life such as school, hospitals to go to, education and extracurricular activities.

In some cases, the child is adopted by both parents while in some one parent adopts the child while the other is biologically their parent. In such cases, the courts take issues such as biological links and time spent in their child custody decisions form custody of adopted children.

Responsibilities and rights after divorce

Even when the two spouses get a divorce their responsibilities to the adopted child doesn’t change. Both the parents can vie for the custody of the child. The final decision in this regard is upon the courts. The courts can either award one of the parents a primary custody of the child and the other visitation or award both the parents joint custody. However, even where there is joint custody order one of the spouses will typically have a greater share of physical custody.

Adoption during divorce

Sometimes couples can decide to get a divorce even in between the adoption process. When this happens it complicates the situation. In such a case, the birth parents will be given a right to stop the process is they deem the household unstable to take care of their child since they have parted ways. However the final decision in this regard rests largely with the court. They can decide on whether or not the adoption you should go ahead and if it does which of the spouse will be awarded the custody. The decisions in this regard will be done keeping in mind the best interest of the child.

Looking to get a divorce

It is not just the act of getting a divorce that can affect an adoption. Sometimes the mere intent of getting an Orange County divorce will be enough. Similarly if the courts are able to find that there is some degree of fraud, they can choose to nullify the adoption even if the couples wanted to care for the child despite their divorce.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.