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We Are Getting Divorced: What Happens to Our Adopted Child?

what happens to our adopted child during a divorce?

Divorce is a hard thing for two people to go through and it is further complicated when there are children involved. A turbulent family unit is something many adopted children know all too well. If you are planning on getting divorced, you want to ensure that the children don’t feel like an afterthought.

A child may need to move from one house to another, so you want to help them maintain that sense of belonging. 

Adopted children & legal rights in a divorce

Adopted children have the same legal rights in a divorce that all children have: the right to a custody arrangement that represents their best interests. 

In most cases, a custody order that is in the best interests of the child includes some kind of continuing contact with both parents. Adopted children have a right to have custody orders enforced so that they can maintain a close relationship with both parents. 

Adopted children also have the right to financial support from both of their parents as well.

Child support for adoptive parents

Just like biological children, adopted children have the same right to financial support from their parents. 

Typically, support determinations remain the same even after the divorce is finalized. Since the child support amount is based on the income of the parents, splitting those costs will differ from parent to parent. 

Protecting the interests of adopted children in divorce proceedings

If you’re considering adoption, it’s important to understand how the law addresses special considerations for adopted children in the event that you get divorced.

Likewise, if you’re in the divorce process, it’s important to determine if any special circumstances apply.

Adopted children may have special considerations when it comes to determining child custody if that child has special needs or mental disabilities for example.

How to help an adopted child through divorce

Keeping the children as a top priority through a divorce can be a challenge. Now, more than ever, your child needs stability. Attempt to maintain the same boundaries, rules and daily routine when possible.

It’s easy to fall into the trap of wanting to be the “fun” parent and let the rules slip a little. Resist this urge, so you can remain the stable foundation that your child depends on.

You are the role model for your child and you want to make sure to offer the guidance they need during difficult times. 

For more information, or to speak with one of our lawyers today, feel free to contact us now.

This blog is made available by the law firm publisher, Epstein & Associates, for educational purposes. It provides general information and a general understanding of the law but does not provide specific legal advice. Any specific questions about your legal concerns please contact us now and speak to an expert today.