If you adopted your divorcing spouse's child during marriage, you may wonder if you still have a right to see the child after the divorce. If you legally adopted your spouse's child, then you may have a right to see and help raise their child as well. However, you must speak to a divorce lawyer for assistance. Learn why and how you may have a legal right to visit and help raise your adopted child after divorce below.
Did You Legally Adopt Your Spouse's Child?
Many stepparents choose to adopt their spouse's child or children during marriage. Before an individual completes the adoption, the child or children's biological or noncustodial parent must give up their legal right to parent them. If the biological or noncustodial parent previously relinquished their parental rights to you, then you may be able to obtain the right to see and help raise your stepchild after the divorce.
In order to verify your rights to participate in your stepchild's upbringing and care, you must speak to a divorce attorney right away. Even if you legally adopted your stepchild, the divorcing parent may still try to obtain full custody of their loved one after they leave the marriage. If you don't understand or verify your rights properly, you may not be able to see or raise your stepchild.
A divorce lawyer can help you provide proof of your adoption and love for your stepchild.
Do You Need to Prove Anything in Court?
The first thing a divorce attorney may do is obtain or retrieve copies of your adoption papers. The adoption papers should contain the:
- Date of the adoption
- Legal name of the child you adopted
- Legal name of the child's custodial parent
An attorney will also need a copy of the form that allowed the biological or noncustodial parent to relinquish their parental rights to you. The form varies from state to state, but many states like California use the Petition to Terminate Parental Rights form to sever a parent's rights to their children. The legally-binding form helps solidify your right to remain in your stepchild's life after divorce.
You may also need to verify your income during the proceedings. If you wish to remain present in your stepchild's life, you must be able to financially provide for them now and in the future. An attorney will need copies of your banking accounts, check stubs, and tax forms. If you need assistance obtaining your information, ask a lawyer for help immediately.
Learn more about family law by contacting a lawyer near you.
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