Family Law in Rochester MN and What Happens When a Biological and Adoptive Parent Get Divorced

by | Sep 6, 2018 | Lawyers


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It seemed unthinkable at the time, but now the couple is getting divorced after the stepparent adopted the spouse’s natural child. The biological parent may not be thrilled about this situation and may wonder whether it’s possible to terminate or restrict the adoptive parent’s rights now. An attorney for Family Law in Rochester MN can represent either of the spouses. However, it will be very difficult to attack the adoptive parent’s rights unless he or she has been neglectful or abusive.

The Child’s Actual Parents

A court of Family Law in Rochester MN will view both the biological and adoptive parents as the child’s actual parents, with full legal obligations and rights. That means the adoptive parent may be granted shared custody or, at a minimum, liberal visitation.

In certain cases, the court may even decide that the adoptive parent is better suited for caring for this youngster and grant full physical custody to this Mom or Dad. Many TV drama viewers saw a fictional version of this scenario play out on the show Grey’s Anatomy a few years ago. Although this was a made-up story, it definitely is not impossible in real life.

A Strong Bond

Especially when this family has been together for several years, the child has most likely developed a very strong bond with the adoptive parent. This youngster considers this person a true Mom or Dad. Since the court approved the adoption, it means the other biological parent was out of the picture for some reason. This may have been due to death or abandonment. The child might never have even known the other natural parent.

Sharing Child Care

Family court judges encourage parents to share child care as much as possible. If one parent has full physical custody, the other may be ordered to pay child support, depending on each person’s financial circumstances. They are encouraged to work out a visitation schedule that works for everybody. They should always consider what decisions will be in the best interests of the youngster. Anyone who needs legal representation in this type of situation may contact an organization like Rolsch Law Offices. Click Here to get started.

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