Child adoption is one of the most fulfilling activities a family can undertake in the process of building a family. 

However, like any other family, the adoptive parents can divorce, and this will bring a lot of legal and emotional issues into the case. 

When the adoptive parents are involved in a divorce the situation becomes similar to that of a biological child in that the issue of custody, visitation and support come into the picture. 

The best interest of the child is paramount but due to adoption, there are additional factors that may come into play when a couple is divorcing.

Parental Rights and Responsibilities

Adoption legally confirms the parental obligations and rights, and offer equal legal rights to the adoptive parents like biological ones. 

After the adoption is complete both parents are acknowledged as the legal adoptive parents of the child with equal rights and duties towards the child. 

This legal equality implies that where the couple is divorcing, both adoptive parents have these rights and duties unless a court interferes.

As for the child custody and visitation rights during the divorce process, the court will decide on the issue based on the child’s best interest. 

Thus, the child will remain in both parents’ custody unless it can be shown that one of the parents is psychologically unfit or there has been a change of circumstances which would warrant a change of custody as per South Carolina adoption laws. 

Some of them involve decisions on the child’s education, health care, and other issues in the child’s life, as well as providing for the child’s emotional, financial and physical needs.

Child Custody Considerations

When parents are divorcing, child custody disputes of the adopted children are addressed in the same way as biological children. 

The major focus of the court is the welfare of the child and this is true whether the child is a natural born child, or a child that has been adopted. This means that aspects like stability of the child, his/her emotional health as well as physical needs when it comes to care are considered in custody.

Key factors that influence the court’s custody determination include:

The child’s best interests

The court will consider that environment which will promote the emotional and physical well-being of the child and the needs of the child will be thoroughly considered.

Stability and continuity

Judges prefer those custody arrangements that will provide the child with as much stability as possible, this includes schooling, home environment or community.

The capacity of each parent to care

The court will then determine which parent is better placed to help the child with the needs including financial needs, emotional needs, and other needs that the child may require.

The child custody rights of the child with each parent

It is common to ensure that the child continues to develop close relationships with both parents as long as it will not harm the child.

In the end, the custody process for adopted children aims at satisfying the basic need of a child in as much as it seeks to provide the kid with a stable home after the parent’s divorce.

Visitation and Parenting Time

Access and time sharing are essential components of divorce proceedings as they help both parents to continue being part of their children’s lives after the divorce. 

As it is with biological children, the legal procedures for visitation rights of adopted children are the same. 

The main purpose is to develop a schedule that will allow the parent and the child have a good relationship with each other while at the same time protecting the best interest of the child.

In the course of a divorce, the court may also make a parenting plan that will dictate the visitation schedule of the child with each parent. 

This comprises the weekdays, weekends, holiday, and vacations whereby both parents should be given an equal chance to look after the child.

Key factors considered when determining visitation schedules include:

Consistency and stability for the child

Judges like to have the schedule that would give the child schedule and stability, while also not changing it often and causing more disruptions in the child’s life.

Parenting roles

The court can decide on the basis of how much each parent has been involved in the caregiving and emotional support to come up with a fair visitation time.

Logistics and practical considerations

Some of the considerations that may be made include Parents working schedules, geographical location, and the child’s school calendar in determining the visitation schedules.

The purpose of these agreements is to come up with a fair agreement that will ensure that the child’s needs are met and at the same time, both adoptive parents are satisfied with the agreement.

Child Support Obligations

Both adoptive parents have a legal right and a duty to support a child after a divorce just as any biological parents would have to do. 

If a child is adopted, then he or she acquires all the rights of the child of the marriage and receives all the financial means, and these obligations do not cease when the marriage is dissolved.

When the couple is in the process of divorce, the court will then make a ruling as to how much child support the non-custodial parent should make for the support of the child. These contributions are designed to cover essential expenses such as:

• The necessities of life which include shelter, food and clothing.

• Healthcare costs

• Educational expenses

• Extracurricular activities

Child support is determined by various factors for instance; the income of each parent, the number of children, and the visiting rights. 

The parent who does not have the custody of the child usually takes care of the other costs by paying child support to the parent who has the child most of the time and guarantees that the child’s quality of life does not suffer. 

It is necessary to consult with a divorce lawyer to mention that such obligations are similar to the adopted children, which supports the legal provision that adopted children are to be treated in the same manner as biological children in terms of financial support and protection.

Emotional Impact on the Adopted Child

Children who have been adopted may have complex feelings attached to the divorce of their parents since it will bring back memories of their adoption. 

Most of the adopted children are likely to have suffered a form of separation or loss at a young age and the dissolution of the adoption parents’ marriage may bring out the same feelings of rejection. They can develop doubts as to where they belong in the family or experience an increase in the level of insecurity.

Other emotions that may be experienced include confusion especially when the child is unable to determine why the family structure is changing. 

Some may have a worry that the divorce is in some way associated with their adoption or that they are the cause of the divorce. These emotional changes can lead to such feelings as sadness, anxiety, or insecurity.

The parents should be very sensitive while answering these concerns to their children. One can reduce the child’s fears by offering him or her an opportunity to express itself, being calm, and offering comfort. 

Furthermore, professional counseling or support services may be required especially where the adopted children are involved.

Special Considerations for Open Adoptions

In open adoptions where the biological parents have some form of relationship with the adoptive parents and the child, the situation may prove to be complicated during the divorce process. 

The adoptive parents may be separated; this may affect previous arrangements and contact with the biological parents, thus requiring some changes in the communication and contact patterns.

Here’s how divorce can affect open adoptions and the steps adoptive parents may need to take:

Changes in Communication

Marriage dissolution may affect the frequency of contact that the first adoptive parent has with the birth parents especially if the communication was shared between both adoptive parents. 

This can result in the breakdown of the agreed upon contact or communication schedule and/or mode.

Adjustments to Contact Agreements

The current open adoption agreement that the couple has for their child might have to be changed depending on the new family form. 

This may, for example, involve questioning how and when contact with the biological parents can be made.

Potential Conflicts

It may lead to conflicts between the adoptive parents regarding how to respond to interactions with the biological parents and thus have a negative effect on the child and his/her relationship with both the adoptive and the biological parents.

Modifying Adoption Agreements Post-Divorce

It is sometimes possible to modify child support order agreements after divorce when circumstances have changed considerably. 

Although adoption is a permanent legal status, certain factors such as custody and visitation may need to be changed because of changing circumstances. 

Here are some circumstances under which a court may revisit and modify adoption agreements:

Relocation

If one parent decides to live in another city or another state, the court may have to change the visitation and custody schedules. 

Moving to a different home might also impact the frequency of contact and the ability to visit one another or the need to change the visiting or traveling schedule.

Significant Lifestyle Changes

Any significant alterations in an individual’s lifestyle like a new job with irregular working hours, change in economic status or new partner in the house may affect the capacity of a parent to fulfill his/her custody or visitation rights. 

These changes may be taken into consideration when the court is reviewing agreements to come up with one that will benefit the child.

This is true because as children grow they are bound to experience changes in their needs and their daily timetable. Changes may be required to reflect changes in educational, medical, or extra curricular needs that were not forseeable at the time of entering the agreement.

Parental Unfitness

If there are concerns that a parent is unable to properly care for a child because of issues such as drug or alcohol dependency, abuse or criminal activity, the court may need to step in and modify custody or visitation arrangements for the protection of the child.

Parenting Conflicts

Ongoing disagreements between parents on the provisions of the adoption agreement, or child access and visitation may lead to the court’s intervention to revise the agreement and make necessary changes that will enhance healthy co-parenting.

Why You Need an Adoption Lawyer

The process of adoption is not always easy particularly when it comes to adoption and child custody issues arising out of divorce or variations to previous orders. 

Our adoption lawyer is useful in making sure that all legal procedures are well followed and that you are protected and the child as well.

Here’s why you need an adoption lawyer:

Expertise in Adoption Law

Our adoption lawyer comes with adoption laws and practices to ensure you get a proper adoption. 

They know the rules in the state and federal law and guarantee that all legalities are observed and the adoption process is smooth.

Guidance Through Complex Procedures

In some cases adoption entails many legal processes including filing the necessary papers, attending court sessions. 

Our adoption lawyer can help you with these processes, he or she will help to fill all the necessary paperwork correctly and on time. They assist you in managing compliance with legal regulations and prevent you from getting into certain traps.

Assistance with Post-Divorce Modifications

In case you would like to change some conditions of the adoption agreement or the custody of children after the divorce, our adoption lawyer will explain to you the possibilities and defend your rights.

Protection of Parental Rights

Adoption attorney makes sure that the rights of the parent are respected during the adoption process as well as later. 

This is especially useful in case of any issues that may crop up in a marriage including issues to do with children such as custody, visitation, or financial issues such as child support.

Support in Open Adoptions

Where there is contact with the birth parents and hence open adoption, our lawyer may help in the administration and alteration of the agreement. 

They assist in making sure that rights and wrongs in the communication process and legal aspects are well observed.

Emotional and Legal Advocacy

Getting a child adopted and handling issues to do with adoption is not a very easy process and can be stressful. 

Our adoption lawyer goes further than offering legal service but also offers encouragement to the client and assists in the decision making process to ensure it is in the best interest of the child and the family.

It is our aim that the procedure should be as easy and trouble-free as possible whilst safeguarding your interests and your rights about the adopted child after your divorce. Call us now at (864) 804-6330 for a free consultation and let us assist you to save your family today.