Can Divorce Affect My Adopted Child?

 Posted on February 02, 2024 in Adoption

Divorce can be a complicated process, and if you and your spouse have recently adopted a child, or if you have adopted your partner’s biological child, you may be wondering if this will affect your divorce proceedings. An experienced Texas divorce lawyer can answer your questions about child custody and adoption as you navigate your divorce.

How Will the Courts Treat My Adopted Child During Divorce?

Regardless of whether you have adopted your spouse’s biological child or if you and your spouse made the decision to adopt a child together, the courts will treat your adopted child during a divorce exactly the same as they would any biological child. Once you adopt a child in Texas, they are treated no differently from a biological child in terms of rights.

However, it is important to keep in mind that if you and your spouse have been moving through the adoption process and have yet to adopt, but are planning to divorce before this process is completed, you may run into some challenges. Additionally, birth parents may be able to step in and stop an adoption if the adoptive parents start the divorce process before the adoption is final.

You should take note of Texas adoption law and speak with an attorney about your options in these cases.

How Can I Figure Out Custody for My Adopted Child?

Figuring out custody for your adopted child is the same as creating a custody and parenting plan for a biological child. You and your spouse will need to decide what is in your child’s best interests and work with your lawyer and the courts to craft a suitable agreement. This agreement must contain important decisions such as choices about your child’s education, extracurriculars, religion, and healthcare needs.

Child custody agreements can be highly contested, and the courts will act in your child’s best interests in the case that you and your spouse are unable to come to a mutual agreement.

Contact a Travis County, TX Divorce Attorney

Dealing with divorce is hard, and adding a potential adoption or a completed adoption into the mix can make things more complex. Divorce may affect adoption proceedings, but once you have adopted a child, they will be treated the same as a biological child in court. Contact an experienced Austin, TX divorce lawyer at Powers and Kerr, PLLC to explore your options when it comes to divorce with a completed or pending adoption.

Call 512-610-6199 for a consultation.