Divorce and Adoption

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Child custody battles can be scary in any situation, especially for children that have been adopted by the couple that is facing divorce litigation. Many children that are adopted have to emotionally and mentally adjust to being a part of a new family but it can be even more difficult for adopted children to deal with the fact that their now adopted parents might be getting a divorce. The discussion of a divorce for adopted parents can leave adopted children with the feeling of loneliness and unsettling nervousness as to what the custody and visitation arrangements will be.

Custody after Adoption

Determining child custody of an adopted child after divorce doesn't have to be emotionally draining for the parents or the children involved in the case. If you and your spouse legally adopted the child then both of you have legal rights protected by the court when it comes to determining custody of the adopted child. There is one glaring advantage; if one of the parents is a biological parent of the child then the court will take that into consideration when deciding custody. More than likely, if the biological parent is considered suitable for parenting, they will be awarded custody over the adopted parent. As with any child custody case, the decision regarding who gets custody of the child depends on the best interests of the child as determined by the judge in family court.

Repercussions of Divorce after Adoption

Adoption can be a difficult thing for children to deal with at first and it can take some adopted children more time than others to get acquainted to their new family and living style. Because of the long adjustment period for adopted children, when adopted parents get divorced the situation can take a turn for the worse or can revert right back to where it was when the child was first adopted. If this happens, divorce counseling could be a viable method of solving familial problems and could help the adopted children readjust to their new lives after the divorce. Attachment issues come into play with divorce and adoption cases. Why? An adopted child might become attached to one of the parents over the other and when the couple gets divorced the child might begin to worry about who gets custody. The child might prefer to live with one parent over the other but if the court does not rule in favor of what the child wishes they might experience attachment issues stemming from the divorce and subsequent custody case.

Reassuring your Adopted Child during a Divorce

Children that are adopted already have a sense of insecurity with their new family and it might get worse during a divorce case. The parents of an adopted child need to reassure their child that even though the parents are divorcing, the child will not be treated any differently than he or she already is being treated. Also, the parents need to work together with the child to make sure that they understand what is happening and why it is happening. The parents should make sure that the children know that it is not their fault that the couple is divorcing. This will help to reassure the child that everything will turn out just fine for them in the end.

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You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

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