

Divorce, Adoption & Custody Rights
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.


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