If you have an adopted child in your family, then your divorce may be different from that of couples who don't have adopted children. It's not that the court will treat you differently; it's just that some special issues may crop up. Here are three examples of such special issues:
The Biological Connection May Work In One Parent's Favor
If one of you is the biological parent of the child, then their relationship may be given special emphasis during child custody determination. This may be the case if your partner already had one biological child when you married them and you adopted the child after tying the knot. In this case, it's likely that the biological parent may have the upper hand.
Don't assume, however, that the court will just hand over the kid to the biological child; other factors will still be considered. However, if there is a tie and both of you are fit to raise the child, the biological connection will tip the balance, and the kid will go with their biological parent.
Adopted Kids May Require Special Attention during Divorce
Divorce affects all kids. However, adopted children, especially those who haven't lived with their adoptive families for long, may have some questions (about the divorce) that other children might not have. This is especially true if the adopted kid has lived in multiple foster homes, and was finally glad to be placed in a permanent home. The child is likely to feel unwanted and unloved; some kids even harbor unreasonable guilt thinking that they are the cause of the split.
Therefore, you need to be extra careful when dealing with such a child. You need to go out of your way to reassure them of your undying love and remind them that it is not their fault. It may also be beneficial (to the child) if you make your divorce amicable since an acrimonious separation will only make things worse for the kid.
The Biological Parents May Accuse You of Adoption Fraud
Lastly, if neither of you is a biological parent to the kid, you should be on the lookout for accusations of adoption fraud from the biological parents. This might be the case if the biological parents signed the adoption papers with the knowledge that they were sending their kid to a two-parent home. If they suspect that you knew you were headed for divorce or were planning for divorce when adopting the kid, they can accuse you of adoption fraud.
Keep these issues in mind when divorcing with an adopted kid in the family. Inform your divorce lawyer about the adoption issue as early as possible so that they can help you preempt these and other issues.Share