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#1
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step parent adoption what if divorce
Hi! I am aking this for a friend. She has a 4 year old with a guy who has never seen his daughter. He was a one night stand who's last name she doesn't even know. She is now going to be married and her to be husband is wanting to adopt her daughter. She is wondering what happens if they end up getting divorced? Does he have parental rights too? I would imagine the answer is yes then the next question is is there some sort of Pre adoption type thing they could do saying that he would never seek custody? Any insight you could offer is welcome!! They live in Michigan if that matters. Thanks.
Tera |
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#2
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Adoption is a lifelong committment, he shouldn't adopt the daughter if this is an issue. My father adopted me and my parents got divorced about 10 years later. But my dad was always my dad until he passed away a few years ago. No he didn't seek custody with the divorce, but it is more common for mothers to be the custodial parent (I know, not all cases). I image they could sign a pre-nup agreement but really, unless he isn't going to make a life-long committment to the daughter, disaude him from adopting her, being a step-father can be a fine thing as well.
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~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~ Happy mom to 2 daughters, one by birth the other by adoption Adoption journey: homestudy completed 7/04, signed with facilitator 11/04, matched 12/04, daughter born 2/05, adoption final 4/05 Fost/Adopt journey: legal risk, preadoptive placement of V 10/08, state went to reuniting 1/09, V back w/family 7/09, state seeking custody again 11/09 - too late for us. 9/09 preadoptive match made from photolisting with boy T, will meet in person 10/09, placement potentially 11/09 |
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#3
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I totally agree with joskimo. Once he adopts her daughter, he will have the same legal rights as her. If this is an issue, then the adoption shouldn't take place. Her soon to be husband should want to adopt her stepdaughter because of the child, not because of his wife. On the flip side if they end up divorced, she should want him to continue a life with his daughter and trust that he would do whatever is in the child's best interest. If this isn't the case, then adoption may not be the best thing.
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