What Are Step-Parent Adoptions?
Step-parent adoption is a legal process when the step parent of a child or children become the legal parent of their spouses child or children. This process gives the stepparent numerous legal parental rights and can also affect the legal relationship between the child or children with one their biological parents. Adoption can be a complicated and lengthy legal process. It is important to understand the rights that the stepparent will gain when legally adopting their spouse’s child and how it will affect the child’s relationship with both of their biological parents. Below are the major points you should know prior to starting the legal process of the adoption.
Adoption Can Be A Lengthy And Emotional Process
Before choosing to proceed with the adoption process, it is important to understand the positives and negatives that may arise. As much as this can be a positive impact on your child, the non-custodial parent may choose to act negatively during this process. This can negatively affect the emotional welfare of the child or their relationship with the non-custodial parent if they have one. We recommend putting the child’s well-being and emotions first above anything else when choosing to proceed with the adoption process. It is also important to consider the child’s age and emotional readiness before proceeding.
Non-Custodial Parental Rights
When a stepparent decides to proceed with the adoption process of their spouse’s child, the non-custodial biological parent’s obligations are terminated. This means that all of the legal responsibilities and obligations for the child will transfer to the stepparent and the non-custodial biological parent will forfeit all of their parental obligations. These obligations include visitation rights and the obligation to provide child support. In most cases, termination of obligations typically requires the non-custodial parent’s consent. There are some cases that a court may make the decision on behalf on the non-custodial parent. This instance usually happens if the non-custodial parent is absent, has failed to maintain contact, or hasn’t provided financial support. If the non-custodial biological parent is not willing give up their obligations as a parent, the court will decide. At this point, the child’s best interest will be the main focus when making a decision as how to proceed.
Termination of Non-Custodial Parental Obligations Are Permanent
It is important to note that once parental obligations are terminated, they are permanent and does not reverse even if circumstances change. The termination of the non-custodial parent rights can also include the rights that extended family members hold. Grandparents, aunts, and uncles will still have the ability to keep relationships with the child if the parents allow, but they will no longer have any legal basis for visitation. There are some cases where grandparents may petition for visitation rights. This varies state to state, and the outcome is typically decided by a court or a judge.
What Parental Duties Will You Gain?
After the adoption is finalized, the stepparent will assume all parental rights and responsibilities. This means that the stepparent will now be recognized as the child’s parent alongside their spouse. This will solidify the family’s legal structure and allow them to act as a unified team. The stepparent will now be responsible for the child’s care, welfare, and any decision-making that may be needed. These new responsibilities are equal to those of a biological parent. The new responsibilities include authority in areas such as education, healthcare, and day-to-day care.
What Happens If There Is A Divorce?
What happens if the biological parent and the stepparent decide to separate or divorce in the future after an adoption has been finalized? Both the biological and the stepparent will have custody and visitation rights to the child. The details of this will be finalized in the divorce.
Will Inheritance Change?
Yes! After the adoption process is finalized and the stepparent assumes all parental obligations to the child, the child also gains the right to inherit from the stepparent. This will be no different from their right to inherit from a biological parent. It is important to take this information into consideration when you are making or updating your estate planning arrangements.
Non-Custodial Biological Parent Inheritance
When the non-custodial parent forfeits their obligations during the adoption process, the inheritance rights to the child are also nullified.
How Can Taneff Law Help You And Your Family?
Are you looking to start the process of adoption or need help with child custody? Taneff Law has been helping families with adoption since 1989. We are committed to helping families throughout Ohio and we are excited to help your family. We have vast experience, skills, and resources that will give you the best possible results with any legal matter. Taneff Law has helped thousands of children and parents connect and become families. Our firm provides a compassionate experience for our clients, and we will work with you every step of the way. We understand that adoption can be an emotional, and sometimes stressful, experience. Let Taneff Law take the hardship out of your legal adoption proceedings and allow you to focus on your family during this time.
Adoptions Are One Of Our Specialties
We believe that adoption is the gift of life. It is our mission to help children and connect so they can have strong and loving relationships. We have over 35 years of experience providing families with the guidance they needed to make sure their adoption process was legally secure. We can do the same for you.
What Other Services Can Taneff Help You With?
Our attorneys at Taneff Law have years of experience with a variety of adoption processes. Whether you are looking for adoptive parents or looking to adopt yourself, our attorneys are prepared and ready to help you and your family. We have made it our mission to provide children the safety and security that they may not have otherwise had. We are ready to stand with you every step of the way during the emotional rollercoaster that can come with adoption. Trust Taneff Law to give you the service your family deserves through your adoption process.
Call Taneff Law Today To Get Started
Give Taneff Law a call today to learn more about how we can help you with an adoption process. We are ready to help your family and provide you with the best professional legal advice and guidance. Let us know how Taneff Law can help you and your family today.