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Seeking Custody of an Adopted Child After Divorce: 3 Legal Tips

Adopting a child requires adoptive parents to assume all legal responsibility for the child in the same way that non-adoptive parents are legally responsible for their biological children. When adoptive parents divorce, adoption’s don’t just get reversed. Courts treat adopt children exactly as they would treat a biological child. That means all the same considerations the court makes regarding a child’s best interest will come into play if the parties cannot work out a custody agreement on their own.

Like any other child custody matter, adoptive parents can be just as aggressive as biological parents. After a divorce, parents that anticipate continued child custody issues may want to consider the following three legal tips.

1. Obey the Court’s Order

After a divorce is finalized and a court has issued a child custody order, the parents are best served by obeying the court’s order, unless their child is being placed in danger. Failing to obey a court’s custody order, such as by ignoring a visitation schedule, could provide the other parent grounds to move the court for a modification further restricting their co-parent’s rights. If you believe your child is in danger due to your co-parent’s conduct, you should contact the police to document the problem, and facilitate removing your child from their custody.

2. Don’t Stop Parenting

While you may only have visitation or custody part of the time, if you share legal custody, you will likely have the right to attend school functions, like plays, or sports contests, or be a part of important meetings, such as parent-teacher conferences, or doctor appointments. Parents have the right to be informed, and involved. If the other parent has issues with you being there for the life events of your child, you may want to consider having the child custody order modified to reflect your specific rights to be involved and informed.

3. Get Legal Help

Matters of child custody are not easy to do deal with alone. On top of all the emotions, the law varies from state to state, and sometimes from courtroom to courtroom based upon the judge in your case. Having an experienced family law attorney by your side can often help resolve custody problems without relying on a judge’s discretion over and over again.

Family courts prefer to allow parents to work out their own problems. If parents come to the court requesting a custody agreement be made into a court order, most judges will approve it so long as the order appears reasonable and comports with the law.

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