If you are going through a divorce, the last thing you want to do is create an unpleasant situation for your children. There may be a lot of uncertainty in the air, especially if your child is an adopted member of your family.
You can alleviate concern about your child’s place following a divorce by learning about the laws surrounding adoption and custody in Maryland. The question of who will get custody of your adopted child will be easier to answer when you and your spouse understand your family’s rights.
What rights does my adopted child have during my divorce?
Your adopted child has the same legal rights during a divorce as any child, biological or otherwise. When you and your spouse adopted a child together, you both became fully legal parents of the child. As is the case with any child during a divorce, your adopted child has the right to a custody arrangement that is in their best interest. This also includes the right to financial child support from both parents.
What custody rights do adoptive parents have during a divorce?
Just as the law considers a child to be considered legally related to both adoptive parents, so too do both parents have a legal right to pursue custody of an adopted child during a divorce. This applies even if one parent has a biological relationship with the child. The court determines custody based on the most suitable circumstances for the child, with no consideration made towards biological relations.
The custody proceedings for an adopted child are ultimately the same as with a biological child. In the event that you and your spouse do not mutually agree on a custody arrangement, the court will determine an arrangement with regard to your adopted child’s best interests.